[Chatting] I was wondering if my husband was busy, but the "shock" affair found in "BLACKPINK" was also true.

□ Broadcast date and time: October 8, 2024 (Tue)
□ Host: Attorney Jo In-seop

□ Starter: Attorney Shin Jin-hee

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.

◇ Lawyer Cho In-seop (hereinafter referred to as Cho In-seop): When playing Go, a trainer who is watching from a distance one step away often points out a trick. It is said that the reason why the spectators see a great number is because they look at the checkerboard one step away without the burden of winning or losing, so why don't you look at the complicated things one step away? Lawyer Cho In-seop's Counseling Center will open now.

◇ Jo In-seop: Lawhouse for you, with lawyer Shin Jin-hee.

◆ Lawyer Shin Jin-hee (hereinafter referred to as Shin Jin-hee): Hello, I'm Shin Jin-hee, lawyer of Shinsegae Law Firm.

◇ Jo In-seop: Let's first talk about what kind of concerns you have if you come to the counseling center today.

□ DEAR ABBY: I am a mother of two and have been married to my husband for almost 15 years. I work as a teacher and my husband is a general hospital nurse. My husband works in three shifts and recently has a lot of emergency work at the hospital, so the rush hour was irregular. And I couldn't doubt my affair because I was a husband who had never broken his heart. However, a few days ago, there was a problem with the car I was using with my husband, so I checked the black box, and I heard him talk to a woman on the phone, call each other by nicknames, and express his affection such as I love you. Listening to the conversation, she's a nurse at another general hospital, and she seemed to meet while working on a dispatch. There was also a general hospital in the navigation record. It was so disgusting and betrayed, but first of all, I secured it as evidence. In order to gather more evidence, I checked the black box again a few days later, and this time I found out that my husband was turning off the black box altogether. All navigation records were also deleted. I can't help it, I secretly left a recorder in my vehicle and checked out additional conversations between my husband and my daughter, so can I use all the evidence I've collected? I don't want to get divorced because my child is young. I wonder if we can only proceed with the mutual lawsuit. In this case, is there a way to make sure that the merchant doesn't claim the right to indemnity from her husband?

◇ Cho In-seop: Attorney Cho In-seop's Counseling Office Today was about the evidence ability of black box videos. It's something that people who get to know their spouse's affair often wonder about. Is the black box video evidence?

◆ Shin Jin-hee: Yes, you asked if the evidence you secured was evidenceable in the lawsuit. Several pieces of evidence are used to claim alimony for cheating, including photos of people going into motels, conversations on their phones, and occasional audio calls or photos on their phones. If you have the evidence of the black box, such as the sender, it is made into a transcript and submitted in the lawsuit, and the other party claims that it is a recording of other human conversations without consent and cannot be used as evidence for violating the Communications Secret Protection Act. The court considered that listening to or recording the conversation of the other person who cheated with her husband in the black box of her husband's vehicle did not violate the Communications Secret Protection Act and could be used as evidence in civil cases. In your case, you also accidentally found that your husband's conversation with the other person was recorded in the black box of the vehicle installed by your husband, and these conversations have already been terminated and remain in file form, so they can be used as evidence in civil cases because they do not violate the Communications Secret Protection Act.

◇ Cho In-seop: Can I write the file of the recorder I installed in the vehicle as evidence? If that's the case... Would it be possible to make a transcript of a conversation between a husband and an adult woman recorded on a tape recorder that you set up in your vehicle?

◆ Shin Jin-hee: Unlike criminal cases, we are adopting free evaluationism even if it is not legally collected evidence in civil and household cases; We cannot conclude that the transcript is not evidenceable just because the conversation was recorded in secret without the other party's knowledge under the Civil Procedure Act, and whether or not to adopt the evidence is actually at the discretion of the court. However, the Supreme Court recently ruled in Article 14 of the Communications Secret Protection Act that "no one can record undisclosed conversations between others or listen to them using electronic devices or mechanical means, and use them as evidence," and that recording of conversations between husbands and merchants cannot be used as evidence if a third party who does not participate in the conversation records other people's remarks. In the case of the sender, it seems desirable to refrain from using recorded files on the installed recorder and use black box files as evidence because there is already evidence that has been obtained with black boxes, and it seems that the evidence can prove cheating.

◇ Jo In-seop: What can I do if I want to prevent claims for indemnity?

◆ Shin Jin-hee: If you do not divorce considering your children, it is also possible to proceed only with a lawsuit for damages against the sanggan. However, in this case, many people are worried that the sentenced merchant may claim the right to indemnify her husband. Joint illegal acts, such as cheating, do not seek damages individually for each perpetrator's actions, but rather seek responsibility for the illegal acts jointly committed by the perpetrators. In the case of mediation, the phrase "no claim for reimbursement" is usually included in the mediation clause, but in the case of litigation, these words are not included in the order of the judgment, so you are asking if there is any way you can do it. In this case, you can ask the court to order the payment of only the amount of alimony, which is the portion of the funeral woman's burden, out of the total amount of mental damage suffered by you, and the court may take into account these circumstances and judge the amount of alimony that is the portion of the funeral woman's burden.

◇ Jo In-seop: If I get a memorandum from my husband that I will never see him again, will it have any legal effect?

◆ Shin Jin-hee: In general, when a memorandum is written for a mutual person, there are cases in which a promise to pay a penalty for violating it is left in the form of a memorandum, and if the memorandum is legally written, it may be effective. However, if there is anything that is not valid in the light of the specific circumstances and forces only one party to be unfavorable, it may be difficult to be legally binding as the contents of the memorandum.

◇ Jo In-seop: Now, to summarize what we've done so far... The conversation recorded in the vehicle's black box is not in violation of the Communications Secret Protection Act and could be used as evidence in civil proceedings. If you recorded a conversation between your husband and your daughter with a tape recorder installed in your vehicle, the conversation recorded by a third party under the Communications Secret Protection Act cannot be used as evidence. Although we are concerned about the claim for reimbursement when we proceed with the damages lawsuit against the Sanggannyeo, you can ask the court to pay only the portion of the Sanggannyeo's burden. So far, I've been with lawyer Shin Jin-hee.

◆ Yes, thank you.

◇ Cho In-seop: You can listen to <Attorney Cho In-seop's Counseling Office> again on YouTube. If you have any questions or suggestions, please comment.