Ruling party proposes expanding spy law beyond 'enemy state' to cover other foreign nations

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 National Assembly introduced a bill on Wednesday, led by the ruling Democratic Party of Korea (DPK), that would expand the country’s espionage law to criminalize spying for any foreign government, not just North Korea, amid growing concerns over alleged intelligence activities involving Chinese nationals.

The main opposition People Power Party (PPP), which opposed a set of revision bills on the Criminal Act, responded with a filibuster.

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.

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 PPP Rep. Yu Yong-weon 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 Protection of Military Bases and Installations 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.

The former employee was indicted on charges including violating the Military Secret Protection Act, but prosecutors could not apply espionage charges because the alleged activities did not involve an "enemy state" as defined under current law.

U.S. fighter jets are seen at Osan Air Base in Pyeongtaek, Gyeonggi Province, Oct. 30. 2023. Korea Times photo by Choi Joo-yeon

Similarly, two Chinese teenagers are currently on trial for allegedly photographing South Korean and U.S. military facilities and fighter jets multiple times in 2024. Prosecutors charged them under laws related to military facility protection rather than espionage statutes.

Calls to revise the espionage law have persisted for years, especially among the PPP during the former Yoon Suk Yeol administration. The DPK, then in opposition, was criticized for taking a cautious stance on the legislation.

After liberal President Lee Jae Myung took office in June last year, both the National Intelligence Service (NIS) and the Ministry of Justice requested that the law be amended.

During a meeting with DPK members of the National Assembly's Intelligence Committee on Feb. 12, NIS officials said the espionage law "needs to be passed swiftly," according to participants.

DPK Rep. Park later said that NIS officials expressed strong support for revising the law to better protect key national technologies, including semiconductors and artificial intelligence.

In November last year, Justice Minister Jung Sung-ho also urged ruling party leaders to ensure the swift passage of the revision.