Joo Ho-min urges Supreme Court to allow third-party recordings in abuse cases
In short
Webtoon artist Joo Ho-min and 10 disability groups called on the Supreme Court on Oct. 6 to recognise an exception to the ban on third-party recording when abuse of people who cannot speak for themselves is suspected. Joo said a recording his wife made of his autistic son’s special education teacher was admitted as evidence in the first trial but rejected on appeal. The case is awaiting a Supreme Court ruling after a prosecution appeal.
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Webtoon artist Joo Ho-min and 10 disability groups called on the Supreme Court on Oct. 6 to recognise an exception to the ban on third-party recording when abuse of people who cannot speak for themselves is suspected. The groups held a press conference outside the Supreme Court main gate in Seocho-gu, Seoul, where Joo said the law should set a standard that reaches people who cannot explain what happened to them or leave evidence themselves. [ 1 , 2 , 3 , 4 , 5 , 6 , 7 ]
Joo said his son has autism and was 9 at the time of the incident, so his wife recorded in his place. The recording served as evidence of abuse in the first trial but was not admitted on appeal because a parent, not the person concerned, had made it, he said. “Even though the same words were recorded, that voice was erased in court depending on who pressed the button,” he said, adding that he was not calling for recorders in every classroom. [ 2 , 4 , 5 , 6 , 7 ]
The case dates to 2022, when a recorder placed in his son’s bag captured a special education teacher saying, “He has very bad habits. Ugh, I hate it. I hate it so much I could die. I don’t like you. I don’t like you either. I really hate you.” Joo sued the teacher for child abuse. The first-instance court admitted the recording and suspended a 2 million won fine, but the appeals court ruled the recording fell under the Communications Secrets Protection Act’s ban on recording conversations between other people that are not public, denied it evidentiary value and acquitted the teacher. The case is awaiting a Supreme Court ruling after a prosecution appeal. [ 2 , 4 , 6 , 7 ]
At the press conference, a lawyer from the Public Interest Human Rights Law Foundation Gonggam said abuse of children with disabilities at school is very hard to detect from the start and that special classes are more closed off than ordinary schools. Without a recording, she said, the situation is described only as an educational one and signs of abuse are concealed or played down, and cases are likely to be closed at the investigation stage for insufficient evidence. She called the situation a legislative gap. Yonhap and Maeil Business named the lawyer as Cho In-young, while Kyunghyang named her as Cho Hyun-young. [ 2 , 4 , 7 ]
After the press conference, the participants submitted a petition to the Supreme Court. Yonhap, Seoul Economic Daily, and Maeil Business put the number of signatures at about 24,000, while Kyunghyang reported 24,728. The groups said they will hold a one-person protest in front of the Supreme Court main gate every day from Oct. 7 until the end of the year. [ 2 , 4 , 6 , 7 ]
Why it matters
The documents frame the question as one of how abuse against people who cannot report it themselves can ever be proven in court, with a lawyer arguing that without third-party recordings such cases are likely to end at the investigation stage for lack of evidence. Because the case is already before the Supreme Court, its ruling could set how the Communications Secrets Protection Act is applied to recordings made on behalf of children and people with disabilities. The groups involved say they will keep protesting daily in front of the court until the end of the year.
Key facts
- Webtoon artist Joo Ho-min and 10 disability groups urged the Supreme Court on Oct. 6 to recognise an exception to the ban on third-party recording when abuse of people who cannot speak for themselves is suspected. [ 1 , 2 , 3 , 4 , 5 , 6 , 7 ]
- The press conference was held outside the Supreme Court main gate in Seocho-gu, Seoul. [ 2 , 4 , 5 , 6 , 7 ]
- Joo said his son has autism and was 9 years old at the time of the incident and could not explain what he went through. [ 2 , 4 , 5 , 6 , 7 ]
- A recording made by the child’s mother was accepted as evidence in the first trial but rejected on appeal as a violation of the Communications Secrets Protection Act. [ 2 , 4 , 5 , 6 , 7 ]
- The special education teacher was acquitted on appeal, and the case is pending at the Supreme Court after a prosecution appeal. [ 2 , 4 , 6 , 7 ]
- Participants submitted a petition to the Supreme Court after the press conference; Yonhap, Seoul Economic Daily, and Maeil Business said it carried about 24,000 signatures and Kyunghyang reported 24,728. [ 2 , 4 , 6 , 7 ]
Confirmed by several sources
- Joo Ho-min and 10 disability groups called on the Supreme Court on Oct. 6 to allow an exception to the ban on third-party recording in suspected abuse cases. [ 1 , 2 , 3 , 4 , 5 , 6 , 7 ]
- The press conference took place outside the Supreme Court main gate in Seocho-gu, Seoul. [ 2 , 4 , 5 , 6 , 7 ]
- Joo’s son has autism and was 9 at the time of the incident. [ 2 , 4 , 5 , 6 , 7 ]
- The recording made by the child’s mother was admitted as evidence in the first trial but denied evidentiary value on appeal under the Communications Secrets Protection Act. [ 2 , 4 , 5 , 6 , 7 ]
- The case is awaiting a Supreme Court ruling after a prosecution appeal, and the teacher was acquitted on appeal. [ 2 , 4 , 6 , 7 ]
- A petition was submitted to the Supreme Court after the press conference. [ 2 , 4 , 6 , 7 ]
Still unclear
- The exact number of signatures on the petition submitted to the Supreme Court Yonhap, Seoul Economic Daily, and Maeil Business said about 24,000 signatures; Kyunghyang reported 24,728.
- The name of the lawyer from the Public Interest Human Rights Law Foundation Gonggam who spoke at the press conference Yonhap and Maeil Business named her Cho In-young while Kyunghyang named her Cho Hyun-young.
- Which disability organisations organised the press conference Yonhap, Dong-A, Seoul Economic Daily, and Maeil Business named the Disability Discrimination Act Prohibition Solidarity, while Kyunghyang named the National Parents’ Solidarity for the Disabled among 10 groups.
- The time the press conference began Kyunghyang said it was held at noon, while Yonhap described it only as taking place in the afternoon.
What local media are saying
Timeline, local time
- Kukmin Ilbo publishes its report on Joo’s appeal to the Supreme Court. [ 1 ]
- Press conference opens outside the Supreme Court main gate in Seocho-gu, Seoul. [ 4 ]
- Yonhap reports the call and the submission of a petition with about 24,000 signatures. [ 2 ]
- Kyunghyang reports, citing 24,728 signatures and plans for daily protests from Oct. 7. [ 4 ]
- Dong-A Ilbo reports Joo’s demand for an exception. [ 5 ]
- Maeil Business reports, citing about 24,000 signatures. [ 7 ]