South Korea’s counterintelligence authorities have launched an investigation into a civilian employee of the Korea Defense Intelligence Command (KDIC) over the leak of personal information about intelligence officers. If North Korea recruited this employee during the leak of classified information from his laptop, it would warrant a national security investigation. The investigation must determine whether only this individual was recruited or if there are additional connections.
Both military counterintelligence authorities and the National Intelligence Service (NIS) need to mobilize their full capabilities for this matter. However, the NIS lacks anti-communist investigation authority and is therefore unable to handle espionage cases. In December 2020, the Moon Jae-in administration amended the National Intelligence Service Act, transferring these powers to the police, who have been responsible for such investigations since January 2021. The Democratic Party used its majority in the National Assembly to push this change through. Although the People Power Party pledged to restore these investigative powers after the general election, their plan failed following their electoral defeat.
Instead, 11 Democratic Party lawmakers, mainly from progressive backgrounds, recently proposed a bill to amend the Act, stripping the NIS of its authority over security crime investigations. The bill seeks to eliminate the spy agency’s powers to conduct on-site investigations, review documents, collect samples, request data, and obtain testimonies. Removing the NIS’s investigative authority, after it has already lost its counterintelligence powers, would render the agency effectively powerless. This is particularly concerning given the imminent threat from nearby violent groups, yet the National Assembly continues to undermine the core functions of our intelligence agencies.
The transfer of anti-communist investigation authority from the NIS to the police during the Democratic Party administration has dismantled the investigative triad of the NIS, police, and military counterintelligence. Former NIS Director Lee Byeong-ho recently recounted in his memoir the “pastor spy” case he handled, where North Korean reports were being sent from a theological college office computer. Under pressure from Minbyun (Lawyers for a Democratic Society), the suspect invoked his right to remain silent, leading to an incomplete investigation and a case forwarded to the prosecution, which resulted in only a three-year sentence. Lee stated, “Effective espionage investigations require the full integration of the NIS’s capabilities, but North Korea has achieved its 70-year goal by dismantling these investigative powers.”
Building intelligence and counterintelligence capabilities takes decades, but they can collapse instantly. Strengthening intelligence agencies is a common trend not only among totalitarian regimes like China and Russia but also among democratic nations such as the United States, the United Kingdom, Germany, and France. South Korea is uniquely weakening its intelligence agencies by both limiting their powers and undermining them internally. National security is fundamental to the people’s daily lives and well-being. If former Democratic Party leader Lee Jae-myung genuinely champions his focus on basic living needs, he should begin by restoring anti-communist investigation authority.
