South Korea’s Supreme Court has upheld prison sentences of five years and two years, respectively, for three defendants convicted of violating the National Security Act in the Chungbuk Comrades espionage case. The ruling comes three years and six months after their indictment.
A lower court initially sentenced them to 12 years in prison, but an appellate court significantly reduced the terms after acquitting them of charges related to forming an anti-state organization. The Supreme Court upheld that decision.
All three courts found that the defendants had met with North Korean operatives abroad and received funds. However, they were acquitted of espionage charges, as their reports to Pyongyang—such as details of a meeting with the chair of the National Assembly’s Foreign Affairs and Unification Committee—were not deemed classified state information. The ruling raises questions about the legal definition of espionage in South Korea. If the law prevents prosecution in such cases, it suggests loopholes that need to be addressed.
The case also underscores concerns over trial delays and procedural exploitation. In espionage cases, first trials are typically concluded within six months—before a defendant’s detention period expires—to mitigate security risks. However, the defendants in this case used various tactics to prolong proceedings, securing their release in the process. The first trial alone took two years and five months, a delay enabled by the court’s failure to enforce stricter procedures.
The issue is even more pronounced in the ongoing People’s Sovereignty for Independent Reunification case, in which political figures in Changwon, Jeju, and Jeonju are accused of forming underground organizations and engaging in pro-North Korea activities under Pyongyang’s orders. The Seoul Central District Court transferred the case to the Changwon District Court, where concentrated hearings are nearly impossible. As a result, only two hearings have been held in two years, effectively stalling the case. Similarly, the Jeju Espionage Ring case remains in limbo nearly two years after indictment.
Judges cite heavy caseloads, a shortage of judges, and short detention limits as challenges to trial efficiency. However, in 2013, former Unified Progressive Party lawmaker Lee Seok-ki was convicted of sedition within just five months. The failure to swiftly and effectively prosecute espionage cases poses a serious national security risk. The judiciary must recognize the gravity of the issue and take stronger action.
