A child welfare facility employee who accidentally witnessed a colleague's extramarital KakaoTalk conversation, recorded it as a video, and distributed it has been given a suspended sentence of a fine by the court on charges including defamation.

Judge Kim Joo-hyun of Criminal Division 2 at the Cheongju District Court's Chungju Branch announced that A, who was indicted on charges of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (infringement of information and communications networks) and defamation, was sentenced to a fine of 1 million won with the sentence suspended.

A suspended sentence is a ruling that defers the sentencing of a fine for a minor crime for a specific period, after which the offense is considered dismissed.

Employee A, who works at a child welfare facility, was accused of unauthorized access to an information and communications network in June 2024 after noticing that a victim's KakaoTalk account was logged in while using a shared computer, and recording the chat history on video.

A is also accused of defaming the victim by publicly stating facts, such as sending the video to a fellow employee and mentioning the victim's affair.

During the trial, A denied the charges, arguing that they merely happened to see a personal KakaoTalk chat room that had not been logged out, had no criminal intent, and that the act was intended to address a colleague's misconduct, thus negating its illegality.

A also argued that the defamation charge did not constitute an illegality as the act was carried out for the public interest of creating a sound working environment and protecting children within the facility.

However, the court rejected these arguments, citing that A intentionally opened the chat window, scrolled down to check the contents, went beyond simple viewing to record it on video, and showed it to a colleague.

The court ruled, "The contents of the KakaoTalk conversation fall under the victim's intimate private life," adding, "It cannot be asserted that the contents affected the victim's work attitude or childcare, and there is no evidence to acknowledge this."

Regarding the defamation charge, Judge Kim explained, "While it is recognized that the defendant only spoke to one colleague, that colleague conveyed the content to another colleague, eventually making it known to quite a few people. It is reasonable to deem that the defendant recognized and accepted the possibility of dissemination, thereby fulfilling the requirement of public disclosure."

The court also pointed out, "Considering that the defendant never reported the victim to the head of the institution or a relevant association, and that there is no data to suggest the victim resigned due to negligence caused by inappropriate behavior, it cannot be viewed as an act for the public interest of child welfare facility members."

Judge Kim added, "We took into account that the defendant is reflecting on invading privacy, has no criminal record other than a fine received 15 years ago, and the circumstances surrounding the crime."

(Photo: Yonhap News)