The logo of the National Intelligence Service (NIS) is seen during a government audit on the spy agency at NIS headquarters in Seoul, in this Nov. 3, 2020 file photo. Joint Press Corps
The ruling Democratic Party of Korea (DPK) was expected to introduce legislation during a National Assembly plenary session Wednesday that would broaden the country’s espionage law to criminalize spying on behalf of any foreign government, not only North Korea, amid mounting concerns over alleged intelligence activities involving Chinese nationals.
If passed, the measure would mark the first fundamental overhaul of South Korea’s espionage statutes since their enactment in 1953. Currently, the law defines an "enemy state" almost exclusively as North Korea. This narrow legal framework has left prosecutors hamstrung, unable to levy treason-level charges against those spying for other foreign powers, including China or Russia, unless a direct link to Pyongyang could be proven.
The proposed amendment reflects the changing nature of espionage targeting South Korea, which now extends beyond traditional military intelligence to industrial and advanced technology sectors, including semiconductors and artificial intelligence. By expanding the definition of espionage, South Korea is effectively pivoting to a broader, more modern doctrine of national security tailored for an age of global competition.
The bill was introduced by Rep. Park Sun-won of the ruling party, along with 17 other lawmakers from the DPK.
Under the current Criminal Act, individuals caught engaging in espionage activities for an "enemy state" can face severe penalties, including capital punishment. But as South Korean law designates North Korea as the only enemy state, espionage charges apply exclusively to those involving Pyongyang.
As a result, individuals accused of spying for other countries cannot be prosecuted for espionage charges, even if they are alleged to have gathered sensitive information on South Korea.
The proposed revision follows a series of incidents in recent years involving foreign nationals accused of photographing sensitive military sites.
Data submitted to Rep. Yu Yong-weon of the main opposition People Power Party by the National Police Agency in October 2025 showed that 14 foreign nationals were caught over the past five years on suspicion of violating the Military Base and Military Installations Protection Act. Among them, seven individuals caught in 2025 included four Chinese nationals and three Taiwanese nationals.
One case often cited by supporters of the revision involved a former civilian employee of the Defense Intelligence Command who allegedly leaked a list of undercover military intelligence agents to a Chinese national in June 2024.
Source: Korea Times News
