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Revise the outdated spy laws quickly

Published: 31 Jul. 2024, 20:23

The massive data leaks from the Korea Defense Intelligence Command (KDIC) are utterly shocking. A civilian official at the military command handed over detailed information on its agents working overseas and other members of the command to a Chinese citizen with Korean ethnicity. As a result, the KDIC agents operating in foreign countries hurriedly returned home after suspending their reconnaissance activities there. The military investigation authorities believe that a vast information network they have built overseas was critically affected.

It is embarrassing that the sensitive information on military agents — which can be accessed by only a precious few — was leaked by a plain civilian official. But more dumbfounding is the fact that the military prosecution could not apply espionage charges, specified in the Military Criminal Act, to the leaker even after they arrested him. The criminal act stipulates that a person who committed espionage for the enemy can be sentenced to death — and their supporters to a death sentence or life imprisonment. The “enemy” here refers to North Korea. Because the North’s possible involvement in the leaks is yet to be found, the leak cannot constitute espionage. Therefore, the military prosecution had to apply the charge of leaking military information, which mandates imprisonment for up to 10 years.

Our Criminal Act is no different. Article 98 of the act warrants the death sentence, life imprisonment or a jail term shorter than seven years if a person is engaged in spying activities for the enemy. But here too, the enemy means North Korea. Since the article was inserted into the criminal act in 1953, spying for foreign countries could not have been punished for the espionage charge. In the past, it was enough for South Korea to defend against security threats from North Korea. But our security environments changed greatly afterwards.

The voices calling for the expansion of the scope of espionage charges to foreign countries are growing fast. Revisions to the Civilian Criminal Act and the Military Criminal Act were repeatedly submitted to the National Assembly, but couldn’t pass. On Facebook, newly-elected People Power Party (PPP) leader Han Dong-hoon claimed that four revisions had been proposed during the past 21st legislature but couldn’t be passed due to the opposition by the Democratic Party (DP). But the DP attributed it to “disagreements between the Justice Ministry and the National Court Administration at the time.” The party even criticized the PPP leader for “telling a lie.”

In a meaningless move, the two major parties are engrossed in attacking one another. It’s not an issue for political battles. We urge the two parties to amend the two acts before it’s too late.