[Opinion] Are Spies Only North Korean Spies?

I was once involved in civil and criminal lawsuits worth around 500 million won. It was in 2006, related to an article I had reported. The prosecution decided not to indict on the criminal charges in April 2007, a year later, citing 'no suspicion.' The civil lawsuit continued for about another year and ended on December 3, 2008, when the Seoul Central District Court Civil Division 25 (Presiding Judge Han Ho-hyung) ruled against the plaintiff in the first trial.

Although I have experienced several lawsuits during my journalism career, this case remains vivid in my memory not only because of the large amount involved and the stress it caused but also because the matter concerned 'American spies.' The court ruled, “If someone collects key national information for another country and leaks it, considering the impact on the nation's economy, security, and other national interests, as well as the public's right to know, the necessity of the report is recognized. It is reasonable to view the primary purpose of the report as serving the public interest.”

At the time, the whistleblower revealed, "(Businessman A) is receiving information and documents from various people in Korea, translating them into English, and sending them to the United States. He is working for the U.S. government and U.S. intelligence agencies." It was also revealed that A had received documents such as 'Presidential election competitiveness analysis' and 'North Korean nuclear-related situation analysis.' Through on-site reporting, we confirmed an office used by a former U.S. intelligence official connected to A. Although the court mentioned 'the impact on the nation's economy, security, and national interests' and 'public interest,' that was all. The issue caused a stir during the National Assembly audit but did not lead to any legal or institutional follow-up measures. Over time, the case quietly faded away.

Recently, I recalled this long-standing memory upon reading reports that the U.S. prosecution indicted Sumi Terry, a senior researcher at the U.S. Institute of Foreign Affairs, for violating the Foreign Agents Registration Act. The charge against Sumi Terry is that she worked for the Korean government without informing the U.S. government. Since the full details of both the 'American spy' case and the 'Sumi Terry' case have not been disclosed, the full story remains unknown. However, the basic framework is similar: 'working for another country.' In such cases, the U.S. can prosecute, but we cannot. Article 98, Paragraph 1 of the Criminal Act states that 'anyone who commits espionage for an enemy country or aids an enemy spy shall be punished by death, life imprisonment, or imprisonment for seven years or more,' and the term 'enemy country' applies only to North Korea. This provision has remained unchanged since 2006 and still stands today.

The fortunate thing is that there has been active movement in the political sphere recently to amend the law. Han Dong-hoon, leader of the People Power Party, posted on his social media, “Who and why blocked the amendment to change 'enemy country' to 'foreign country' in the espionage law?” He added, “In a rapidly changing global order, the distinction between foreign countries and enemy countries is variable and relative,” urging, “This time, let's definitely amend the espionage law to create the minimum legal safety net to protect our citizens and national interests.” People Power Party lawmakers Joo Ho-young and Lim Jong-deuk, along with Democratic Party lawmakers Jang Kyung-tae, Wi Seong-rak, and Park Seon-won, have submitted bills in the 22nd National Assembly to expand the scope of espionage charges from 'enemy country' to 'foreign country.'

This time, let's tie up the loose ends. Let's not stop at submitting bills but reach bipartisan agreement to complete legislation. In the era of global information warfare, how long will we stand by and watch a fence full of holes? Spies are not only North Korean spies.

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