South Korea Enacts Expanded Espionage Law Covering All Foreign States

South Korea’s expanded espionage law entered into force on Sunday, September 13, 2026. The revised criminal code extends the scope of espionage crimes beyond acts benefiting North Korea to cover all foreign states and similar organizations.

Legal revision and enforcement timeline

The National Assembly approved the amended criminal law on February 26 after years of criticism that existing statutes were inadequate for prosecuting technological and industrial espionage involving non–North Korean actors. The amendment was formally promulgated on March 12 and implemented after a six-month waiting period.

New offense and penalties

The amendment introduces a new criminal offense: espionage conducted on behalf of any foreign state or comparable organization. Conviction carries a minimum prison sentence of three years. Existing provisions targeting espionage for a “hostile state”—a designation that continues to apply primarily to North Korea—remain unchanged and fully in force.

Gaps in prior legal framework

Under the previous law, espionage charges applied almost exclusively to actions benefiting North Korea. In numerous cases involving foreign governments or companies, prosecutors had to rely on alternative statutes related to industrial technology or trade secrets—measures widely viewed as legally insufficient for addressing strategic technology theft.

Rationale and national security context

Seoul’s move follows heightened global competition in semiconductors and other strategic sectors, including display panels, batteries, and artificial intelligence. According to Reuters, the government aims to strengthen protection of core technologies amid intensifying geopolitical and economic rivalry.

Official and expert assessments

The National Intelligence Service welcomed the amendment upon its passage, stating it would enhance South Korea’s capacity to prevent leakage of strategic technologies. Legal and security experts noted the revision closes a long-standing legal loophole that previously led to lighter penalties in advanced industrial technology leakage cases. Supporters argue the change strengthens deterrence against industrial espionage.

High-profile enforcement backdrop

The amendment follows several widely reported technology leakage cases, including last year’s indictment of five former Samsung Electronics employees accused of transferring key dynamic random-access memory (DRAM) technology to Chinese memory chip manufacturer CXMT.

Chinese diplomatic response

When asked whether the law—which names no specific country—is directed at China, Chinese Foreign Ministry spokesperson Mao Ning stated during a routine press briefing on Friday that China urges its enterprises to comply with international rules and laws in cooperative activities. She added: “At the same time, for this purpose, we believe all countries should protect the normal investment and commercial activities of enterprises and provide a fair, impartial, and non-discriminatory business environment.”