In Front of Home Cam with Sanggan-nyeo... Husband Files Lawsuit Over Affair Dispute

Husband's Affair Caught on Home Cam Installed for Child
Secret Conversations with Mistress Over Phone
Husband Files Counter-Lawsuit Against Wife for Violating Communication Privacy Act

A story has emerged about a wife discovering her husband's affair through a home CCTV 'home cam' installed inside the house for the child's safety.

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On the 2nd, YTN's 'Attorney Jo In-seop's Counseling Center' shared the story of wife A, who was sued by her husband under the Communication Privacy Protection Act for listening to a conversation automatically recorded by the home cam between her husband and his mistress. A met her husband through a friend's introduction in 2009 and married him after six months. She began by saying, "We even studied abroad together, and I supported him as a freelancer until he completed his doctoral program."

A recalled, "After returning to Korea, we decided to have twins through in vitro fertilization. Those were truly happy days." However, at some point, her husband started to change; he would be unreachable until dawn and never let go of his phone even when they were together. He even began refusing weekend outings with the twins. A explained, "At first, I thought it was understandable, but as it kept happening, I became suspicious. So, for the twins' peace of mind, I checked the home cam installed in the living room."

The home cam installed in A's house was a model equipped with a feature that automatically records audio when motion is detected. A said, "I thought I was going to faint when I heard my husband talking on the phone with someone," adding, "Among the conversation, he said things like 'Yesterday, we made our love intense,' which sounded like he was having a secret relationship with someone. I was so shocked that I confronted the woman and told her to break up with him, but both denied the affair." She continued, "So, I filed a damages lawsuit against the woman and submitted the recorded home cam file as evidence. However, my husband took issue with me recording our conversation and sued me for violating the Communication Privacy Protection Act. I feel really wronged," she expressed her distress.

Netizens who read the story responded with comments such as, "It would be best to get a divorce as soon as possible," "He’s a despicable husband," "How careless to talk on the phone with a mistress right in front of the home cam," "Divorce the cheating husband quickly," and "Why would he want an affair when he has kids?"

So, is the lawsuit filed by the husband against A problematic? Attorney Kim Eon-ji of Shinsegae Law Firm stated, "If the husband consented to the installation of the home cam, and it was a device that automatically records when motion is detected without any separate manipulation, and unless the conversation was eavesdropped on in real time, it cannot be considered that a third party’s conversation was listened to," drawing a clear line that it is not illegal recording. She added, "The Supreme Court’s interpretation of 'listening' prohibited by the Communication Privacy Protection Act is to prevent real-time eavesdropping through devices or machines on sounds that cannot be heard by one’s own hearing. Punishing the playback of already recorded conversations would excessively broaden the scope of 'listening.'"

Meanwhile, adultery is grounds for divorce under Article 840, Paragraph 1 of the Civil Act. If a spouse commits adultery, the other spouse can file for divorce, and the third party involved in the affair can also be held responsible for the breakdown of the marriage and sued for damages. However, since the abolition of the adultery crime in 2015, adultery is no longer a criminal case but a civil matter, making it harder to prove the affair. In lawsuits against the third party, evidence that the third party knew the spouse was married is essential. Courts recognize evidence of a romantic relationship between the man and woman as sufficient proof of adultery, even if there is no direct evidence of sexual relations.