Expanded espionage provisions take effect in South Korea
Expanded espionage provisions took effect in South Korea on Sunday, giving prosecutors the ability to pursue serious cases of theft of state secrets linked to foreign states or organizations. The new rules could potentially apply to sensitive technologies in semiconductors and artificial intelligence, Korea Herald reports.
New Criminal Code article
Article 98-2 was added to the Criminal Code. It applies to individuals who, on the instructions of, encouragement from, or as a result of other communication with a foreign state or an organization treated as equivalent to one, seek, collect, disclose, transmit or mediate the transmission of state secrets.
The punishment under this provision provides for at least three years in prison, with a maximum term of 30 years. This is the first significant expansion of espionage provisions in the Criminal Code since its adoption in 1953. Previously, the law focused on actions benefiting an “enemy state,” which in practice primarily meant North Korea.
Conditions for prosecution
At the same time, not every theft of technology abroad will automatically be classified as espionage. Prosecutors must prove that the information constitutes a state secret and establish the necessary connection between the actions and a foreign state or an organization treated as equivalent to one.
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The report notes that the concept of a state secret may be interpreted narrowly. South Korea’s Act on Prevention of Divulgence and Protection of Industrial Technology defines a “national core technology” as one whose disclosure abroad could cause significant harm to national security and the economy. However, this status alone does not mean that the information is a state secret. The Criminal Code also does not explicitly name private foreign companies as organizations covered by Article 98-2.
Technology leaks to China
According to the National Bureau of Investigation, South Korean police identified 179 cases of technology leaks in 2025, 33 of which involved transfers abroad. China accounted for 18 of these 33 cases. Five cases involved semiconductor technologies, four involved display technologies, and another three involved secondary battery technologies.
Employees or company executives were involved in 148 of the 179 identified cases, while small and medium-sized enterprises accounted for 155 cases. Chinese Foreign Ministry spokesperson Mao Ning said on the eve of the law taking effect that Beijing requires Chinese companies to comply with international rules and local laws, and also called on other countries to ensure a fair, just and non-discriminatory business environment.
Ko Dong-jin, a lawmaker from the People Power Party, has already proposed amendments that would explicitly cover foreign companies and national core technologies. They also provide for raising the minimum prison term from three to 10 years.
