Constitutional Court Rules "Clause Punishing Military Secret Leaks with Over 3 Years Imprisonment is Constitutional"

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] The Constitutional Court has ruled that the provision of the Military Secrets Protection Act, which punishes the disclosure of military secrets with imprisonment of up to three years, does not violate the Constitution.

The Constitutional Court announced on the 8th that it unanimously upheld the constitutionality of Article 13 of the Military Secrets Protection Act, which imposes imprisonment of three years or more for leaking military secrets, in a constitutional complaint filed by Mr. A, who worked in the Navy, claiming that the provision violated the constitutional principle of proportionality between responsibility and punishment.

The court stated, "The nature of the crime of violating the responsibility to protect military secrets is serious and highly blameworthy," and added, "The legal interest of the provision under review, which aims to ensure national security through the protection of military secrets, is significant."

It further noted, "Judges can impose suspended sentences and have discretion to sentence in accordance with the nature of the crime and responsibility," concluding, "The punishment is not excessively severe compared to the nature and responsibility of leaking military secrets."

In August 2014, Mr. A was prosecuted after showing military secret documents in response to a request from a sales team leader of a company who asked for submarine requirements necessary for the development of batteries.

Mr. A filed a constitutional complaint arguing that the provision imposing a uniform "imprisonment of three years or more" for leaking military secrets is unconstitutional, as the nature of the crime can vary depending on the circumstances.

This content was produced with the assistance of AI translation services.