Yes, recording phone calls is legal in South Korea under specific conditions, but strict consent requirements and penalties for violations apply.
South Korea’s Telecommunications Business Act (TBA) and Personal Information Protection Act (PIPA) govern call recording. Consent from all parties is mandatory; unilateral recording risks criminal liability under Article 316 of the Criminal Act (invasion of privacy). The Korea Communications Commission (KCC) enforces these rules, with 2026 amendments tightening penalties for non-compliance. Businesses must document consent and disclose recording purposes to avoid fines up to ₩50 million or imprisonment.
Key Regulations for Recording Phone Calls in South Korea
- One-Party vs. All-Party Consent: Only all-party consent is valid; recording without explicit agreement from every participant is illegal, even for internal investigations.
- Business Use Restrictions: Companies must justify recording under legitimate business needs (e.g., quality control) and store data securely per PIPA guidelines.
- Penalties for Violations: Unauthorized recording may trigger KCC investigations, civil lawsuits, or criminal charges under Article 316, with aggravated penalties for sensitive data breaches.