Can I record that? Secret recordings in Korea, New York and England
Korean Law for Teens #1 · Korea · New York · England & Wales · October 2026
At a glance
✓ You are in the conversationRecording is generally legal in Korea, New York and England.✕ You are not in itSecretly recording others can be a crime, and can backfire on you.
Imagine this. A classmate has been mocking you for weeks, always when no teachers are around. You finally decide to collect proof. You open the voice recorder on your phone and slip it into your pocket.
Is that legal? And if it is, will it count as evidence? In Korea, the answer depends on one question: are you part of the conversation?
The rule
Protection of Communications Secrets Act (통신비밀보호법), Arts. 3, 14, 16
The Act says no one may record a private conversation between other people (타인 간의 대화). Breaking this rule is a serious crime, with a penalty of one to ten years in prison.
The key words are other people. Korean courts have consistently held that if you take part in the conversation, it is not a conversation between others. The Supreme Court has ruled that when one of three people in a conversation records it, the recording does not break the Act.
Why it matters for evidence
An illegal recording is not only risky for you. It also cannot be used as evidence: the same law bars it from trials and from disciplinary procedures. So an illegal recording can backfire twice. It does not help your case, and the person who hurt you could report you for a crime.
Korea · New York · England & Wales
Many of us will study in the United States or the United Kingdom next. Here is how the same question is answered in New York and in England and Wales. In New York, state law and federal law both apply, so that column covers both.
Korea
New York (state + federal)
England & Wales
Can a participant record?
Yes
Yes (one-party consent)
Generally yes, for personal use
Recording a conversation you are not in
Crime, 1 to 10 years
Crime (state felony; federal crime too)
Not always a crime in itself, but it can break other laws and privacy rights
An illegally made recording in court
Out, by a fixed rule
Out, by a fixed rule (federal law)
No fixed rule: the judge weighs fairness
On the first two questions, Seoul, New York and London give much the same answer. All three protect a conversation from outsiders: if you are in the room, the words were said to you. The real difference is the third row.
Before you record, ask two questions: am I in the conversation, and which law applies where I am?
Try it
Can I record this?
Pick a place, then decide each case. Switch places and try the same cases again: the same act can get a different answer.
All four places side by side
Simplified for learning. Real cases turn on their facts.
If you record a talk you are in
✂️Don't edit the fileTrimming makes people ask whether it is real. Keep the original untouched.
☁️Back it up todaySend a copy to an account the other person cannot reach.
📝Write down the contextDate, time, place, who was there, and what happened just before.
📱Keep the phoneThe original device or file may need to be checked.
🙊Don't post itSharing a recording online can create a new legal problem. In Korea, spreading even true facts that harm someone's reputation can be defamation.
🚨Safety firstIf you are in danger, do not stop to record. Get safe and call 112 (Korea) or 911 (U.S.).
Why this matters: in Korea, New York and England alike, a recording has to be shown to be genuine before it counts. An untouched original, a same-day backup and a note written at the time make that much easier.
Caveats
Being legal under criminal law does not mean zero risk. In some civil cases, Korean courts have weighed a person's privacy and “right to one's voice.” Recording to protect yourself is very different from recording to embarrass someone. Laws also change: Korean lawmakers have proposed requiring consent even from participants.
Card news
The same episode in seven cards, made for Instagram. Scroll sideways to read them all.
KOREAN LAW FOR TEENS · #11 / 7
Can I record that? 🎙️
Secret recordings in Korea, New York and England
Evidence Literacy seriesSwipe →
KOREAN LAW FOR TEENS · #12 / 7
It all comes down to one question 👇
Are you in the conversation?
✅
Yes
Recording is generally OK.
🚫
No
Secretly recording others can be a crime.
KOREAN LAW FOR TEENS · #13 / 7
🇰🇷 In Korea
Recording others can backfire twice
Protection of Communications Secrets Act (통신비밀보호법)
⚖️
BACKFIRE 1
It is a crime: 1 to 10 years in prison
🗑️
BACKFIRE 2
It cannot be used as evidence, in court or at a school hearing
And the person who hurt you could report you.
KOREAN LAW FOR TEENS · #14 / 7
Three places, two questions
🇰🇷Seoul
🗽New York
💂London
Q1. Can I record a talk I am part of?
✅ Yes
✅ Yes
✅ Yes
Q2. Can an illegal recording be used in court?
📏 No, by a fixed rule
📏 No, by a fixed rule
👩⚖️ The judge decides
Same answer to the first question. A different answer to the second.
KOREAN LAW FOR TEENS · #15 / 7
⚠️ Heads up
Not every U.S. state is New York 🌴
In California and about a dozen other states, everyone in a private conversation must agree.
Florida, Illinois, Maryland, Massachusetts, Pennsylvania and Washington are some of them.
🏫
Secretly recording your roommate in a California dorm, the way you might in Seoul, can be a crime.
Same habit, different law. Check where you are before you hit record.
KOREAN LAW FOR TEENS · #16 / 7
If you record a talk you are in
✂️
Don't edit the file
Trimming makes people ask if it is real.
☁️
Back it up today
Somewhere the other person can't reach.
📝
Write down the context
Date, time, place, who was there.
📱
Keep the phone
The original may need to be checked.
🙊
Don't post it
In Korea, spreading even true facts that hurt someone's reputation can be defamation.
🚨
In danger? Don't record.
Get safe and call 112 (Korea) or 911 (U.S.).
KOREAN LAW FOR TEENS · #17 / 7
Your turn 🤔
A fixed rule, or a judge's call?
📏
Fixed rule
Predictable, and it discourages spying.
👩⚖️
Judge decides
Can let in the one recording that proves abuse.
Which protects victims better? Tell us in the comments 💬
🎮 Try the "Can I record this?" quiz · link in bio
For education only. Not legal advice. Legal review: Hye Young PARK, Attorney admitted in New York State, USA.
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Last checked: October 2026 · Legal review: Hye Young PARK, Attorney admitted in New York State, USA. Laws change: if something here is out of date, tell us.