법률사무소 해온

After handling numerous divorce cases for over a decade as a divorce attorney, one encounters various legal scenarios.

In divorce or adultery lawsuits, a frequently asked question is:

"Can evidence collected illegally be admitted in court?"

Many people may have heard rumors or seen dramatic portrayals in television shows where illegal evidence is inadmissible, leading to criminals walking free from courtrooms.

To cut to the chase, the answer is half true and half false.

1. Half True: Illegal Evidence in Criminal Proceedings

In criminal proceedings, illegal evidence is not admissible under [CRIMINAL PROCEDURE ACT].

Specifically, Criminal Procedure Act Article 308-2 explicitly excludes the evidentiary capacity of unlawfully obtained evidence.

The rationale behind this exclusion is to prevent committing additional illegal acts to prove an initial illegality. This provision aims to prevent unlawful investigations by large organizations or investigative agencies with the capability to collect evidence illegally.

For instance, even if wiretapping a crime suspect reveals criminal activity, such evidence cannot be used in court.

"So far, this sounds like what we've heard through rumors. But why do you say it's only half true?"

2. Half False: Potential Admissibility in Civil Proceedings

While criminal trials reject illegal evidence, civil proceedings operate differently.

[CIVIL PROCEDURE ACT] law adopts the principle of free evaluation of evidence under Article 202, meaning illegally collected evidence is not automatically inadmissible.

The Supreme Court has previously ruled that "a recording made without the other party's knowledge cannot be automatically deemed inadmissible solely based on its method of acquisition."

3. Does This Mean All Evidence is Admissible in Civil Proceedings?

Not exactly. Evidence admissibility is also governed by the [PROTECTION OF COMMUNICATIONS SECRETS ACT], Illegally obtained evidence through wiretapping or unauthorized mail inspection remains inadmissible in both civil and criminal proceedings.

4. Important Considerations

While illegal evidence might be admitted in civil proceedings, this does not exempt the party from potential damages or criminal liability.

 Separate from civil proceedings, such actions could still result in criminal prosecution. Therefore, close consultation with legal counsel is crucial when collecting and submitting evidence.

 Law Office Haeon has personally handled a divorce case where the opposing party illegally installed a tracking device on our client's vehicle.

 We submitted this as evidence and firmly responded in accordance with the Location Information Protection Act. Individuals who collect, use, or provide location information without consent can face up to three years of imprisonment.

5. Which divorce attorney should you consult with in Korea?

The attorney that other lawyers trust to handle their own divorce cases.

The attorney that opposing lawyers refer their own familys to.

This is what Law Office Haeon is.

1) The Lawyers' Family Law attorney – Haeon

The fact that lawyers in Korea entrust their own or their family’s cases to Haeon is proof of our expertise. Even lawyers with no prior personal connection often come to us based on our established reputation within the legal community. We are the lawyers' family law attorney.

2) All Our Attorneys are Seasoned Professionals

Haeon's family law team consists entirely of senior attorneys who passed the bar exam between 2010-2012 and have years of experience practicing family law. This ensures our attorneys have the necessary expertise.

3) In-House CPA for Sophisticated Asset Valuation

Properly valuing a spouse's business interests is crucial in property division cases. However, only a handful of major law offices in Korea have in-house CPAs specializing in business valuation and forensic accounting - services that can cost millions or even tens of millions of won when retained separately.

Haeon is a Law Group with CPA who previously worked at a top-3 conglomerate of Korea and KPMG Accounting Firm. Our CPA partner provides sophisticated valuation, fraud investigation and transaction advisory services at a reasonable cost to protect our clients' interests.

4) English Interpreter Ready

At Haeon, we have an in-house interpreter who previously served as an English interpreter for the ROK Army and U.S. Army, working alongside them on joint operations. Even if your Korean language skills are limited, making it difficult to fully explain your situation, our interpreter ensures you can communicate seamlessly during your consultation. We bridge the language gap so you can get the legal guidance you need.

In times of crisis, everyone claims to be the best. But the truly superior attorney proves it through results. Haeon has the sophisticated expertise to deliver what you need.

Consult with Professionals