"Kang Hyo-sang's Suspended Prison Sentence Finalized for Leaking Trump-Moon Call... Supreme Court Rules 'Diplomatic Secrets Disclosed'"

First and Second Trials: "Kang Hyo-sang's Crime Is Grave"

Six-Month Prison Term with One-Year Suspension

Supreme Court Finalizes Ruling: "Does Not Qualify as Legislative Immunity or Justifiable Act"

The conviction of former Liberty Korea Party lawmaker Kang Hyo-sang, who was indicted for leaking the contents of a phone call between former President Moon Jae-in and then-U.S. President Donald Trump, has been finalized.

Former Liberty Korea Party lawmaker Kang Hyo-sang, who was indicted over the Fast Track conflict incident during the 20th National Assembly, is responding to reporters' questions before attending the first trial at the Southern District Court in Yangcheon-gu, Seoul on the 21st. Photo by Hyunmin Kim kimhyun81@

According to the legal community on March 11, the Supreme Court (Presiding Justice Noh Tae-ak) upheld the lower court’s rulings, sentencing Kang Hyo-sang, who was indicted for leaking official secrets and diplomatic secrets, to six months in prison with a one-year suspended sentence, and suspending the sentence for a former official at the Korean Embassy in the U.S., identified as Mr. A.

The case emerged after Kang Hyo-sang held a press conference at the National Assembly on May 9, 2019, where he disclosed details of a call between the leaders of South Korea and the United States.

At the time, Mr. A, who was working at the Korean Embassy in the U.S., received a request from Kang Hyo-sang, his high school senior, during a phone call, asking for details about the conversation between the two leaders regarding President Trump’s visit to South Korea. Mr. A then checked the document titled “Contents of the Korea-U.S. Summit Call on May 7, 2019,” which was classified as Level 3 confidential by the Ministry of Foreign Affairs, and handed over information including the schedule and manner of President Trump’s visit to Kang Hyo-sang.

The investigation revealed that Kang Hyo-sang had reassured Mr. A by saying he would use the information “only for parliamentary reference” and gave the impression that he would not disclose it externally. However, on the same day he received the confidential information, Kang Hyo-sang held a press conference and announced sensitive diplomatic exchanges such as, “President Moon suggested over the phone that President Trump stop by Korea right after his visit to Japan,” and “President Trump replied that it might suffice to make a brief stopover in Korea on his way back to the U.S. after visiting Japan.”

The main issue at trial was whether the leaked contents of the Korea-U.S. summit call constituted “diplomatic secrets” protected under the Criminal Act. Both the first and second trial courts found both individuals guilty, but imposed different sentences based on their level of involvement. The court pointed out that, in the case of Kang Hyo-sang, “given the content and significance of the secret, as well as the manner in which it was detected, acquired, and leaked, the nature of the crime is serious and the circumstances are grave.”

On the other hand, Mr. A, who provided the secret, was shown leniency (suspended sentence) as “he was misled by Kang Hyo-sang’s words and committed the act rather impulsively, and it appears he did not anticipate that the information would be widely disclosed through a press conference.” The court also took into account the fact that no significant diplomatic friction occurred regarding President Trump’s visit to South Korea as a result of this incident.

The Supreme Court reached the same conclusion. The bench stated, “The lower court’s conclusion that the content in question constitutes diplomatic secrets under Article 113, Paragraph 1 of the Criminal Act is justified,” and found no error in logic, common sense, or law regarding the lower court’s rejection of Kang Hyo-sang’s arguments about justifiable conduct or legislative immunity.

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