SEOUL, September 12 (AJP) - South Korea will broaden the scope of its espionage law from Sunday to cover spying for foreign countries, closing a decades-old legal gap as concerns grow over overseas theft of strategically important technologies including semiconductors.
The revised Criminal Act, which takes effect Sept. 13, introduces a new provision allowing authorities to prosecute people who obtain, collect, disclose, transfer or broker national secrets for a foreign country or an equivalent organization under its direction, instigation or other communication.
Those convicted under the new provision face a minimum prison term of three years.
Until now, South Korea's espionage provisions have primarily targeted activities conducted on behalf of an "enemy state," a definition that in practice largely applied to North Korea.
The amendment marks a significant expansion of the country's counterespionage framework at a time when Seoul is increasingly concerned about the overseas leakage of advanced technologies that underpin its export-driven economy.
Semiconductors have emerged as a particularly sensitive area.
South Korea is home to Samsung Electronics and SK hynix, two of the world's largest memory chipmakers, whose technologies have become increasingly strategically important as global competition intensifies over artificial intelligence and advanced computing.
South Korean police detected a record 33 cases of technology leakage overseas last year, with more than half involving China. Semiconductors were the most frequently targeted industry.
One of the highest-profile cases involved former Samsung Electronics employees accused of transferring the company's 18-nanometer DRAM manufacturing technology to Chinese memory chipmaker ChangXin Memory Technologies, or CXMT.
Prosecutors announced the indictment of 10 former Samsung employees in connection with the case last December.
Concerns over technology theft extend beyond the country's largest conglomerates. Smaller suppliers of semiconductor materials, components and equipment can also possess sensitive manufacturing information while having fewer resources to protect it.
The revised espionage law is intended to provide prosecutors with an additional legal tool in cases involving foreign entities, but it will not automatically turn every overseas technology leak into an espionage case.
Prosecutors must establish that the information constitutes a national secret and demonstrate the required connection between the accused and a foreign country or equivalent organization.
Technology leaks that do not meet that threshold can still be prosecuted under other laws, including the Industrial Technology Protection Act, which separately provides criminal penalties for leaking protected industrial technologies overseas.
The tougher legal framework comes as competition over semiconductor technology intensifies between the United States and China and as artificial intelligence raises the strategic value of advanced memory chips.
China on Friday called on South Korea to provide a fair and nondiscriminatory business environment for Chinese companies when asked about the expanded espionage law.
Chinese Foreign Ministry spokesperson Mao Ning said Beijing has consistently required Chinese companies to comply with international rules and local laws when conducting overseas business, while calling on countries to safeguard normal investment and business activities.
For South Korea, the change represents a shift from a counterespionage system historically centered on North Korea toward one designed to address a broader range of foreign threats — including the loss of technologies increasingly regarded as strategic national assets.
AJP Takeaways
- South Korea will expand its espionage law from Sept. 13 to cover spying for foreign countries, moving beyond a framework that had historically focused largely on North Korea.
- The change comes amid growing concerns over overseas technology theft, with police detecting a record 33 cases last year, more than half involving China and semiconductors emerging as the most frequently targeted industry.
- The revised law does not automatically classify every overseas technology leak as espionage, as prosecutors must establish that the information constitutes a national secret and demonstrate a required connection with a foreign country or equivalent organization.
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