1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The parties' assertion

A. The Defendant asserted that part of the conversation between the Plaintiff was recorded without the Plaintiff’s consent and transferred it to C, thereby having C file a complaint against the Plaintiff as defamation.

Due to the above act of the defendant, the plaintiff infringed on the right of voice and privacy, and thus the defendant is obligated to pay 5,000,000 won to the plaintiff.

B. The Defendant’s assertion that recorded a conversation with the Plaintiff is legitimate as a recording between the parties to the conversation, and there is no possibility that the content of the conversation will be leaked.

Even if the plaintiff's assertion is acknowledged, the defendant's act constitutes self-defense, emergency evacuation, and legitimate act, and thus, is not illegal.

2. Determination

A. Every person has a right not to record, reproduce, record, broadcast, reproduce, or distribute his/her voice without permission against his/her will. Such voice rights are rights belonging to personal rights constitutionally guaranteed by the first sentence of Article 10 of the Constitution of the Republic of Korea (hereinafter referred to as the “Constitution”).

In addition, Article 10 of the Constitution guarantees the confidentiality and freedom of privacy along with Article 17 of the Constitution. Accordingly, individuals have active rights to control their information autonomously in today's highly-wide modern society, as well as passive rights where privacy activities are not invaded by others or disclosed without permission.

Therefore, in principle, recording and reproducing the conversations of the recordinger without the consent of the recordinger constitutes a tort as an act of unfairly infringing on the voice rights and privacy of the recordinger, and the above infringement is not a wiretapping under the Protection of Communications Secrets Act, or is justified solely on the ground that it was conducted for the purpose of collecting the evidence of civil procedure.