[Editorial] Absurd clause

Korea Herald

14-05-2025

Chinese seek THAAD, USFK secrets through Korean soldier; criminal law revision needed
The full story of an apparent Chinese espionage maneuver to obtain military secrets through a South Korean active duty soldier was revealed Monday.
A Chinese national was indicted last month in connection with the case. The indictment, secured by the office of Joo Jin-woo, a National Assembly member of the ruling People Power Party, was disclosed to the media on Tuesday.
According to the indictment, the Defense Counterintelligence Command caught the man trying to get USBs containing sensitive military information from the soldier on Jeju Island in March.
The man was a contact working for another Chinese national who runs a team affiliated with an intelligence department of the Chinese military.
The soldier leaked 21 military secrets to the Chinese intelligence agent and received around 50 million won ($35,000) in return.
The Chinese military intelligence agency was found to have sought data on the US missile defense system in South Korea, known as Terminal High Altitude Area Defense, guidelines on nuclear operations and operation plans involving US forces in Korea.
The incident causes concern in that the military, the last bastion of South Korea's national security, has been penetrated by a foreign intelligence organization.
In recent months, Chinese nationals were caught illegally photographing military and intelligence facilities in South Korea.
In June last year, a US aircraft carrier berthed at Busan for a joint drill was video recorded from a nearby hill. Three Chinese students were arrested for flying a drone to do so.
In November last year, the Seoul building of the National Intelligence Service was photographed by a Chinese sightseer, who flew a drone over the no-flying zone.
In January, the whole view of the Jeju International Airport was video recorded by an unauthorized drone. A Chinese tourist flew it. The Jeju International Airport could be converted into a military base in an emergency.
In March, fighters on Suwon Air Base were pictured. Two Chinese teenagers were caught. They also photographed Osan Air Base in Pyeongtaek, Gyeonggi Province, which is used by both South Korean and US forces. They reportedly told police that the photography was part of their hobby, but their argument doesn't sound believable.
According to the NIS briefing to related lawmakers late last month, 11 incidents of unauthorized photographing of major facilities in South Korea by Chinese nationals have occured since June last year.
But foreign nationals who spy on South Korea cannot be accused of espionage even if indisputable evidence is found.
Article 98 of the current criminal law punishes espionage activities "only for an enemy country." An enemy country here means North Korea.
Due to this provision, the Chinese national indicted for obtaining military secrets from the active duty soldier will be punished if convicted on charges of violating the Military Secrets Protection Act. Espionage will not be applied.
The same goes for the Chinese nationals who photographed military bases and other facilities illegally.
Sentences under the Military Secret Protection Act are lighter than those given for espionage.
The provision in question was made when the criminal law was first enacted on Sept. 18, 1953, shortly after the Korean War ended in truce. The clause has not been revised since.
Seventy two years have passed. The Cold War ended. The concept of an enemy country and patterns of espionage have changed. Intelligence operations have become elaborate and extensive.
Last year, ruling and main opposition parties pushed to revise the criminal law to expand the concept of an enemy country to include foreign countries.
At first, the opposition Democratic Party of Korea did not oppose revising the law, but abruptly shifted its ground. The bill was stopped in the plenary session of the legislation and judiciary committee. The party reportedly cites the possibility of abusing the revised clause.
The US, Japan, China and most other countries punish spies on espionage charges regardless of their nationality. Espionage is a nonpartisan matter. It is directly related to the existence of South Korea. The current article is unrealistic and absurd by any measure.