Can We Record Employee Interviews During an Internal Investigation?

Short Answer

It depends.

In Korea, recording an employee interview during an internal investigation may be possible, especially where the interviewer is a participant in the conversation.

However, employers should be careful.

Recording interviews can raise issues under Korea’s Communications Secrets Protection Act and Personal Information Protection Act.

The key distinction is between:

• recording a conversation by someone who is participating in that conversation; and
• recording a non-public conversation between other people without being a participant.

The second situation can create serious criminal and evidentiary risks.

As a practical rule, companies should generally notify participants before recording and should handle interview recordings as sensitive investigation materials.

---

Can We Record an Interview If the Interviewer Participates in the Conversation?

Often, this is less risky than third-party recording.

If the company interviewer is participating in the conversation, the recording is generally different from secretly recording a conversation between other people.

However, this does not mean employers can record freely.

Even where communications secrecy rules are not the main issue, the recording may still involve the collection and use of personal information.

The company should therefore have a legitimate investigation purpose, provide appropriate notice where possible, limit use to that purpose, and protect the recording securely.

---

Can We Secretly Record Employees Talking to Each Other?

This is high risk.

Recording a non-public conversation between other people, where the company or recorder is not a participant, can create serious legal problems in Korea.

This may include criminal liability and restrictions on using the recording as evidence.

For example, recording employees through hidden devices, ambient recording systems, or meeting room equipment without a participating interviewer may be particularly risky.

Companies should avoid third-party or ambient recording unless the legal basis has been carefully reviewed.

---

Do Employees Need to Be Told That the Interview Is Being Recorded?

In most cases, yes.

Providing notice is strongly recommended and often the safer approach.

Before recording an interview, the company should explain:

• that the interview will be recorded;
• the purpose of the recording;
• who will have access to the recording;
• how the recording will be used;
• how long it will be retained; and
• when it will be deleted or destroyed.

This helps reduce later disputes about fairness, privacy, and evidence collection.

---

Is Employee Consent Always Required?

Not always in the same way, but consent or another lawful basis should be considered.

Under Korean privacy law, interview recordings may constitute personal information because they can identify the speaker.

Accordingly, the company should identify a lawful basis for collecting and using the recording.

In many internal investigations, companies should obtain clear consent or at least provide appropriate notice and confirm the legal basis for processing the recording.

The company should avoid relying on vague or informal practices.

---

Can Interview Recordings Be Used in Disciplinary Proceedings?

Often, yes, if they were lawfully collected and properly handled.

Interview recordings may help confirm:

• what questions were asked;
• what the employee stated;
• whether the interview was conducted fairly;
• whether the employee was given an opportunity to explain; and
• whether the investigation record is accurate.

However, recordings obtained illegally may be difficult or impossible to use in court or disciplinary proceedings.

This is especially important where the recording may violate communications secrecy rules.

---

Should We Record Every Interview?

Not necessarily.

Recording every interview may create unnecessary privacy, storage, and access-control risks.

In many investigations, written interview notes or signed interview statements may be sufficient.

Recording may be more appropriate where:

• the allegation is serious;
• the interview is expected to be disputed later;
• the employee’s statement is central to the investigation;
• accuracy is particularly important; or
• the company’s investigation protocol allows recording with proper safeguards.

The company should decide in advance when recording is necessary.

---

How Should Interview Recordings Be Stored?

Interview recordings should be handled as sensitive investigation materials.

Companies should:

• restrict access to authorized personnel;
• store recordings securely;
• maintain access records where appropriate;
• prohibit unnecessary copying or sharing;
• retain recordings only as long as necessary;
• delete or destroy recordings when the purpose has been achieved; and
• avoid using recordings for unrelated purposes.

These safeguards are especially important where the investigation involves harassment, misconduct, personal data, or sensitive workplace issues.

---

What About Teams, Zoom, or Video Conference Recordings?

The same principles apply.

If an internal investigation interview is conducted through Teams, Zoom, Google Meet, or another video conference platform, the company should not assume that platform recording is automatically safe.

The company should still notify participants, identify the purpose, limit access, store the file securely, and set a retention period.

If the recording may be accessed by overseas headquarters or stored on global cloud systems, the company should also consider cross-border data handling issues.

---

Common Mistakes by Employers

Employers sometimes:

• secretly record interviews without notice;
• record conversations where no company representative is participating;
• fail to explain why the interview is being recorded;
• retain recordings indefinitely;
• allow broad internal access to recordings;
• share recordings with overseas teams without review;
• use recordings for unrelated purposes; or
• fail to document the investigation process.

These mistakes can increase employment, privacy, and evidentiary risks.

---

Practical Checklist for Foreign Companies

Before recording an employee interview in Korea, employers should ask:

• Is recording truly necessary?
• Is the interviewer a participant in the conversation?
• Have participants been notified?
• Is there consent or another lawful basis?
• Is the purpose clearly documented?
• Who will have access to the recording?
• How long will the recording be retained?
• How will the recording be stored securely?
• Will the recording be shared internally or overseas?
• Could written notes or a signed statement be sufficient?
• Does the recording comply with company investigation and privacy policies?

---

Practical Takeaway

Recording employee interviews can be useful, but it should not be treated as a routine or risk-free investigation tool.

The safest approach is to record only where necessary, notify participants, limit the use of recordings to the investigation purpose, and protect the recordings with strict access and retention controls.

Employers should avoid third-party or ambient recording of employee conversations.

---

Conclusion

In Korea, employee interview recordings during internal investigations may be possible, but they require careful planning.

Foreign companies should distinguish participant recording from third-party recording, provide appropriate notice, comply with privacy obligations, and manage recordings securely.

A clear investigation protocol can help preserve evidence while reducing the risk of privacy, criminal, and employment disputes.

---