Return counterspy mission to the spy agency

A presidential decree adjusting the role of the National Intelligence Service (NIS) in investigating espionage activities in Korea will take effect on Oct. 2. The adjustments follow the enactment of the revised NIS Act in December 2020 under the Moon Jae-in administration to transfer the spy agency’s investigative authority to the police.

Under the new revisions, the police must “listen to the opinion of the NIS chief” instead of “receiving coordination from the NIS chief,” as specified in the current provision, when dealing with suspected treason, insurgency, acting in favor of the enemy, leaking military secrets, abuse of secret codes or violations of the National Security Act. The presidential decree has fine-tuned the NIS Act, while transferring the authority to investigate espionage activities so it can better support investigations by the police.

In other words, the investigative authority will be transferred to the police as scheduled, but cases on spy activities cannot go well without help from the top spy agency. That’s why the revision to the presidential decree still maintains the clause requiring supervision of the NIS chief when interrogating a spy suspect. On its website, the NIS defined its strengthened capability to investigate espionage activities as its primary tasks. To reinforce the capabilities, the NIS plans to act as the hub in the cooperative network and enhance its ability to respond to North Korea’s evolving campaign against South Korea. But how can it serve as the hub after transferring its investigative authority to the police? That does not make sense.

Regardless of the spy agency’s backing, police’s capabilities in reining in espionage activities remain questionable. The NIS’s counterespionage activities had been based on a persistent intelligence buildup, rich experience, and various networks at home and abroad. The police will have to go through trials and errors regardless of help from the spy agency. Police internally have been worried about the transfer of the investigative authority.

The NIS has indicted figures related to pro-North Korea activities last year as a result of its devoted time and resources. Espionage-related crimes can shape our national fate. We cannot afford confusion and trials until police accumulates experience.

Police have lately been focused on containing random and targeted crimes. President Yoon Suk Yeol emphasized the primary role of the police is the protection of public security. The police are readying an organizational reshuffle to bolster their public security role. It even considered reviving the scrapped conscripted police system. The government must think about returning the espionage investigation to the skilled NIS so that police can better concentrate on their primary duty of protecting civilians.