Key facts
- South Korea's expanded espionage law takes effect Sunday, covering acts involving any foreign country.
- The amendment creates a new offense for espionage for a foreign country or organization, with a minimum three-year prison sentence.
- The new law aims to protect strategic technologies such as semiconductors, displays, and batteries.
- The change follows high-profile technology leak cases, including the indictment of former Samsung Electronics employees accused of transferring DRAM chip technology to Chinese firm CXMT.
South Korea's expanded espionage law, effective Sunday, broadens the scope of espionage offenses to include acts involving any foreign country, not just North Korea. This move is part of Seoul's effort to protect its key technologies, particularly in semiconductors, amid heightened global competition.
The National Assembly passed the revised Criminal Act on February 26, addressing years of criticism that existing laws were insufficient to prosecute technology and industrial espionage cases involving non-North Korean entities. The amendment introduces a new offense for espionage benefiting a foreign country or equivalent organization, carrying a minimum sentence of three years imprisonment, while provisions for benefiting an 'enemy state' remain.
Previously, espionage charges were largely confined to acts benefiting North Korea, forcing prosecutors to rely on less severe industrial technology or trade-secret laws for cases involving foreign governments or companies. The National Intelligence Service has welcomed the amendment, stating it will enhance South Korea's capacity to prevent leaks of strategic technologies like semiconductors, displays, and batteries.
Legal and security experts view the change as closing a significant loophole that often resulted in lighter penalties for advanced industrial technology leaks. The amendment, promulgated on March 12, takes effect after a six-month grace period. This legislative update follows several high-profile technology leak cases, including the indictment of former Samsung Electronics employees accused of transferring DRAM chip technology to Chinese firm CXMT.
When asked if the law, which does not name specific countries, could be seen as targeting China, Chinese foreign ministry spokesperson Mao Ning stated that Chinese enterprises are required to conduct international cooperation in accordance with international rules and laws. She added that all countries should safeguard normal business activities and provide a fair business environment.