Expanding the legal definition of espionage is a global trend
Published: 09 Dec. 2025, 00:04
The author is an attorney and former chief of the Seoul High Prosecutors’ Office.
The world is now engulfed in an invisible information war. In an era when advanced technology and defense capabilities define national competitiveness, counterintelligence has become a central shield for protecting state and industrial secrets. As Korea’s economy and global standing have grown, the scope of confidential information that must be protected has expanded with it.
![A U.S. Navy destroyer, left, and a Japan Maritime Self-Defense Force escort ship arrive at Busan Naval Operations Base on May 29, 2023, to take part in a multinational exercise with Korea, the United States, Japan and Australia. [SONG BONG-GEUN]](https://koreajoongangdaily.joins.com/data/photo/2025/12/09/bebfdef6-2edf-45da-8f48-22dca3211f2a.jpg)
A U.S. Navy destroyer, left, and a Japan Maritime Self-Defense Force escort ship arrive at Busan Naval Operations Base on May 29, 2023, to take part in a multinational exercise with Korea, the United States, Japan and Australia. [SONG BONG-GEUN]
Yet Korea’s legal framework remains stuck in the past, largely unchanged since the 1953 armistice. It resembles a rusted gate that can no longer provide real defense. Korea takes pride in leading in such technologies as semiconductors and batteries, and in becoming a top-tier exporter of defense equipment. But the more sophisticated the technology, the more aggressively foreign actors attempt to penetrate it.
Recent cases illustrate how serious the legal gaps have become. In June 2024, a Chinese student photographed a U.S. aircraft carrier docked at a naval base in Busan and posted the images on Chinese social media. Other Chinese nationals attempted to fly drones over U.S. and Korean military installations in Pyeongtaek and Suwon, Gyeonggi. Such incidents underscore how frequently the Korean Peninsula is targeted for intelligence collection, even in peacetime. In 2017, a civilian employee at the Defense Intelligence Command leaked more than 30 classified military documents, revealing how easily state secrets can be funneled to foreign intelligence services.
Despite the severity of these actions, none can be prosecuted under Korea’s espionage statute. Under the Criminal Act, espionage applies only to those acting on behalf of an “enemy state.” To address modern realities, the scope must be expanded to include acts carried out for a “foreign state or equivalent entity,” aligning Korea with other countries.
Traditional notions of a clearly defined enemy have faded. With international relations more complex than ever, designating any specific country as an enemy is difficult. As a result, leaking state secrets is often prosecuted under narrower laws, such as those governing military installations, leading to only minor penalties. Such leniency weakens deterrence and undermines national security.
While Korea has left its legal armor outdated, major countries have strengthened theirs. The United States has broadened enforcement of the Foreign Agents Registration Act. Britain introduced its National Security Act in 2023, significantly heightening penalties. China revised its counterespionage law the same year, extending punishments beyond leaks of state secrets to include documents, data and materials related to national security and interests. The global trend is clear: Countries are fortifying their defenses against any activity that threatens national security, regardless of whether the actor represents an official adversary.
Recognizing the gravity of the situation, National Intelligence Service Director Lee Jong-seok emphasized during his confirmation hearing the need to revise Korea’s espionage provisions. A bill expanding the definition of espionage from “enemy state” to “foreign state or equivalent entity” passed the National Assembly’s Legislation and Judiciary Committee on Wednesday. The move reflects a wider public demand for stronger national security protections. The bill’s core purpose is to provide a legal basis for prosecuting acts that threaten national security through foreign intelligence activities, regardless of diplomatic relations.
![National Intelligence Service Director Lee Jong-seok attends a parliamentary audit of the agency by the National Assembly’s Intelligence Committee at NIS headquarters in Seocho District, Seoul, on Nov. 4. [JOINT PRESS CORPS]](https://koreajoongangdaily.joins.com/data/photo/2025/12/09/881fd731-4c37-4481-9110-b0e34816a931.jpg)
National Intelligence Service Director Lee Jong-seok attends a parliamentary audit of the agency by the National Assembly’s Intelligence Committee at NIS headquarters in Seocho District, Seoul, on Nov. 4. [JOINT PRESS CORPS]
Leaks of state secrets often go undetected. But national security is inseparable from economic security, which directly affects people’s livelihoods. The loss of advanced technology can erase decades of accumulated industrial competitiveness and inflict enormous financial damage. Leaks of military intelligence weaken defense capabilities and threaten national survival.
The National Assembly should move swiftly to pass the amendment. Korea must shed outdated legal constraints and modernize its defenses. Legislation is only the beginning. Once enacted, the National Intelligence Service, prosecutors, police and the Defense Counterintelligence Command must coordinate more closely, improve intelligence-sharing systems and strengthen the country’s ability to protect confidential information within a clear legal framework.
If these reforms take root, Korea will be better positioned to safeguard national security and its broader interests in a rapidly changing global landscape.
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.
with the Korea JoongAng Daily
To write comments, please log in to one of the accounts.
Standards Board Policy (0/250자)