Background
In an internal dispute at an organization, some of those involved secretly recorded conversations and submitted them as evidence in litigation. The person recorded claimed damages against them, asserting that "being recorded without consent infringed my right to my own voice."
What Was at Stake
Even accepting that a secret recording without consent may infringe the right to one's voice, the issue was whether the individuals who made the recording could personally be held liable. Changchun represented the recording side.
How Changchun Helped
Changchun (attorney Woojin Kim) focused on the fact that the recording was made in the course of performing public duties, and proved that a claim against the individuals could not succeed, invoking the settled principle that "where an act is performed in the course of public duties, the individual is not personally liable in damages absent intent or gross negligence."
The court rejected the damages claim against the individuals (dismissed). The case shows that recorded evidence can expose the recorder to liability, so its purpose and method should be carefully considered before it is used. (Outcomes depend on the facts of each case and may differ.)