South Korea is considering updating its espionage law amid growing concerns about Chinese spies targeting military secrets. Justice Minister Jung Sung-ho recently met with Kim Byung-kee, floor leader of the ruling Democratic Party, to push for amendments to the criminal code that would broaden the scope of espionage crimes.
Under the current law, defined in Article 98 of the Criminal Act, anyone working on behalf of an “enemy country” to leak military secrets faces death, life imprisonment, or a minimum of seven years in prison. The designation of “enemy country” has traditionally applied only to North Korea, making it difficult to prosecute nationals from other countries, including China, for espionage.
The legislative push comes as several high-profile cases involving Chinese nationals have emerged. On October 16, Seoul’s Central District Court sentenced a Chinese national to five years in prison and a fine of 4.57 million won ($3,110) for violating the Military Secrets Protection Act. Court documents stated the individual conspired with Chinese intelligence officials to approach South Korean military personnel on multiple occasions to access sensitive military information, including data related to the U.S. THAAD missile defense system and American forces stationed in the country. Devices resembling watches with cameras were reportedly used to collect the information.
In another case, South Korean authorities are investigating a local police officer in Gyeongju who is suspected of leaking classified information to Chinese authorities during last month’s Asia-Pacific Economic Cooperation (APEC) summit. The officer, responsible for counterespionage operations, is believed to have been in frequent contact with officials at the Chinese Consulate in Busan. Investigators have seized the officer’s smartphone and other potential evidence as the probe continues.
Earlier, in June 2024, three Chinese exchange students were caught using drones to photograph South Korea’s Naval Operations Command building and a docked U.S. aircraft carrier. Between March 2023 and June 2024, there were nine confirmed instances of such images being captured and shared on Chinese social media.
The string of intelligence activities has heightened security concerns for both South Korean and U.S. forces in the region. A bill submitted to the National Assembly at the end of last year proposes amendments to the criminal code to classify acts “on behalf of foreign countries and equivalent organizations” as punishable espionage. During discussions, concerns were raised about potential overlaps with the Military Secrets Protection Act, prompting calls for careful review.
The focus now turns to how President Lee Jae Myung’s administration will handle the proposed changes, which could significantly strengthen South Korea’s legal framework against foreign espionage.
