A South Korean resident in China, previously employed in the semiconductor industry, has been detained on espionage charges since December, according to reports on Oct. 28. This marks the first application of China’s amended anti-espionage law—which expanded the scope of espionage definitions in July 2023—against a South Korean national. The former Samsung Electronics employee is suspected of leaking proprietary information from a Chinese semiconductor company to South Korea. Amid heightened U.S.-China semiconductor tensions, concerns are growing that more South Korean professionals in the sector could become ensnared in similar cases.
This incident follows a series of recent detentions abroad. In January, a South Korean missionary aiding North Korean defectors was detained in Russia on espionage charges. In July, a Korean Peninsula expert in the United States was indicted under the Foreign Agents Registration Act (FARA) for allegedly working on behalf of the South Korean government without proper disclosure—a violation involving national intelligence but within an allied jurisdiction.
These cases underscore an intensified climate of global intelligence warfare. With geopolitical conflicts like those in Ukraine and Israel, as well as escalating U.S.-China-Russia tensions and a fierce technological race, nations are more alert than ever to foreign intelligence activities. In particular, some authoritarian regimes have detained foreigners on espionage charges, using these cases as diplomatic leverage and exposing expatriates to heightened risks.
South Korea, however, faces distinct challenges in dealing with espionage domestically. Under current criminal and military law, individuals can only be prosecuted for espionage if they act on behalf of North Korea, designated as an “enemy state.” In light of a recent case where a Korean Defense Intelligence Command official allegedly leaked information to a Chinese-Korean contact, there have been calls to expand espionage laws to cover all foreign agents. Despite the urgency, these legislative efforts have stalled, leaving proposals such as the Foreign Agents Registration Act—which would mandate individuals to declare foreign allegiances—unaddressed in parliament.
As a U.S. ally surrounded by North Korea, China, and Russia, South Korea is a critical target in the global intelligence arena. Yet, the National Intelligence Service (NIS) is limited in its ability to counter non-North Korean espionage, with reduced authority to investigate anti-communist cases and constraints on prosecuting foreign intelligence operatives. While South Koreans face espionage charges abroad, the country remains constrained in addressing foreign espionage on its own soil. To safeguard national security, legislative reform in this area is increasingly urgent.
