Scope of 'espionage' to include leaks to allies, foreign companies with first revision in 73 years
Published: 26 Feb. 2026, 13:11
Updated: 26 Feb. 2026, 18:20
![Lawmakers attend a plenary session of the National Assembly on an amendment to the Criminal Act, at the National Assembly in Yeouido, western Seoul, on Feb. 26. [YONHAP]](https://koreaseafood.online/data/photo/2026/02/26/75024403-aac2-4a35-803c-d0cc1e6948ff.jpg)
Lawmakers attend a plenary session of the National Assembly on an amendment to the Criminal Act, at the National Assembly in Yeouido, western Seoul, on Feb. 26. [YONHAP]
A revision to the Criminal Act that expands espionage charges to cover leaks of state secrets and advanced technologies to not only adversarial states but any foreign country was placed on the National Assembly’s plenary agenda on Wednesday, bringing the so-called espionage law amendment closer to passage.
A vote was delayed after the People Power Party (PPP) requested a filibuster. The Democratic Party (DP) said it plans to end the floor debate on Thursday and pass the amendment.
Expansion of scope on espionage
The amendment focuses on expanding the range of crimes that fall under the scope of espionage enumerated under the section "Crimes Concerning Foreign Aggression." Previously, only crimes involving leaks to North Korea were subject to espionage charges.
Under Article 98 of the current Criminal Act, a person who “aids or abets a spy of an enemy country” is subject to punishment.
The amendment specifies the designation to an individual who, for the benefit of an enemy state and under its direction or instigation, searches for, collects, leaks, delivers or brokers state secrets, or aids such acts. It also stipulates that an individual who does so for the benefit of “a foreign country or an equivalent organization and under its direction or instigation” will also be punished.
The statutory penalty ranges from seven years in prison to a life sentence or even the death penalty.
If the amendment is enacted, espionage charges could be applied not only to leaks to North Korea but also to the transfer of state secrets or advanced technologies to foreign countries, including allies.
By explicitly including the phrase “equivalent organization,” the bill could also bring industrial espionage, such as leaking technology to foreign corporations, under the scope of the law.
The revision also includes the establishment of a new "distortion of law" clause, which applies when a public official intentionally distorts the law or applies it to fabricated facts for the purpose of benefiting or disadvantaging a specific person.
![Lawmakers attend a plenary session of the National Assembly at the National Assembly in Yeouido, western Seoul, on Feb. 25. [YONHAP]](https://koreaseafood.online/data/photo/2026/02/26/e5328c2f-fdf8-4a98-a0fc-3dba87d569ea.jpg)
Lawmakers attend a plenary session of the National Assembly at the National Assembly in Yeouido, western Seoul, on Feb. 25. [YONHAP]
First revision since 1953
The espionage provision has not been revised since the Criminal Act was enacted in 1953, shortly after the Korean War. Its application has therefore been limited to an “enemy state,” which has effectively meant North Korea.
However, as the international landscape has diversified since the end of the Cold War, the concept of an enemy state has become ambiguous. Calls have grown to regulate technology leaks more broadly, particularly as advanced technologies are increasingly considered directly tied to national security.
Under the current law, cases involving leaks of confidential information or core technologies to third countries cannot be prosecuted under espionage charges because the scope is limited to enemy states.
![An Air Force F-4E Phantom fighter jet takes off from the Korean Air Force's 10th Fighter Squadron in Suwon, Gyeonggi, on March 20, 2024. [NEWS1]](https://koreaseafood.online/data/photo/2026/02/26/597a3691-2ee6-47d3-a742-a57f5d7755f2.jpg)
An Air Force F-4E Phantom fighter jet takes off from the Korean Air Force's 10th Fighter Squadron in Suwon, Gyeonggi, on March 20, 2024. [NEWS1]
Last year, a Chinese teenager caught photographing fighter jets at a South Korea–U.S. military facility and a major international airport was indicted on charges of general aiding the enemy rather than espionage.
In 2024, the head and a development executive of Chinese semiconductor firm Chengdu Gaozhen were arrested and indicted on charges including violations of the Act on Prevention of Divulgence and Protection of Industrial Technology for allegedly misappropriating Samsung Electronics’ dynamic random-access memory (DRAM) process technology, designated a national core technology, to develop 20-nanometer DRAM chips.
The maximum penalty under the act is 15 years in prison, far less severe than the range of statutory punishment for espionage. The gap has fueled criticism that penalties for technology leaks have been too light.
![Samsung Electronics' HBM3E dynamic random-access memory chips are seen in this photo provided by the company [SAMSUNG ELECTRONICS]](https://koreaseafood.online/data/photo/2026/02/26/2f096459-05ec-4bd0-8192-dbbb31fca53c.jpg)
Samsung Electronics' HBM3E dynamic random-access memory chips are seen in this photo provided by the company [SAMSUNG ELECTRONICS]
New assembly, fresh momentum
There have been longstanding calls to amend the Criminal Act, as it has been difficult to apply espionage charges unless it can be proven that the leak was intended to benefit North Korea in some way. Bills have been proposed since the 2010s, with discussions intensifying during the 21st National Assembly, which was from May 2020 to May 2024.
The PPP has claimed that when it was the ruling party, it attempted to revise the espionage law but was blocked by opposition from the DP. The DP has countered that careful deliberation was needed in light of concerns raised by the National Court Administration that the scope of punishment could be excessively broadened.
With the launch of the 22nd National Assembly, which convened on May 30, 2024, discussions accelerated. Justice Minister Jung Sung-ho met with then-Legislation and Judiciary Committee Chair Rep. Choo Mi-ae of the DP and then-DP floor leader Rep. Kim Byung-kee in November of last year to request passage of the bill, and it cleared the committee in December.
This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
BY HAN YOUNG-HYE [[email protected]]
with the Korea JoongAng Daily
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