Supreme Court Confirms Prison Sentence for Former Counterintelligence Chief in 'NIS Civilian Surveillance' Case

Supreme Court in Seocho-dong, Seoul. Photo by Mun Ho-nam munonam@

[Asia Economy Reporter Kim Daehyun] A former head of the National Intelligence Service (NIS) Counterintelligence Bureau who surveilled civilians during the Lee Myung-bak administration has been sentenced to prison.

On the 23rd, the Supreme Court Division 1 (Presiding Justice Lee Heung-gu) announced that it upheld the lower court's ruling sentencing former NIS Counterintelligence Bureau Chief Kim to 7 months in prison and 7 months of disqualification for violating the National Intelligence Service Act.

Former Counterintelligence Bureau Chief Kim was prosecuted on charges of illegally surveilling individuals critical of the government at the time by organizing an operation team called "Pocheongcheon" around 2011 under the direction of former NIS Director Won Sei-hoon and others.

It was revealed that he abused his authority by ordering NIS staff to surveil actor Moon Sung-geun, former Bongeunsa Temple head monk Myungjin, former Saenuri Party Secretary-General Lee Bang-ho, and independent lawmaker Kim Hong-gul, the second son of late President Kim Dae-jung.

In particular, the Pocheongcheon team not only monitored some surveillance targets but also hacked PCs using malware to extract email data, according to investigations.

The first trial sentenced him to 1 year in prison and 1 year of disqualification. The court judged that NIS employees, who operate in a key intelligence agency and have a high potential to infringe on fundamental rights, have a constitutional duty to comply with the law, but he abused his authority to conduct illegal civilian surveillance and invade privacy.

The second trial also found him guilty. However, it reduced the sentence to 7 months in prison and 7 months of disqualification, stating, "He only relayed orders from superiors to subordinates and reported back, without engaging in severe illegal acts such as selecting surveillance targets or deciding or utilizing the collected information."

The Supreme Court agreed with this judgment. The court dismissed the appeal, stating, "The lower court did not err in its legal interpretation regarding abuse of authority under the National Intelligence Service Act, including the subject and object of the crime."

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