South Korean police apprehended two Chinese teenagers for illegally filming fighter jets taking off and landing at the Air Force’s 10th Fighter Wing Suwon, Gyeonggi-do. They were also found to have secretly recorded activities at the nearby U.S. Air Force base in Osan. Authorities discovered that the pair had booked transportation to a South Korean city where a U.S. aircraft carrier was scheduled to dock—an event whose details are rarely disclosed even to the South Korean public. The two entered the country last month on tourist visas, but are suspected of gathering intelligence on South Korea–U.S. combined military assets. One of them reportedly told investigators that his father works for China’s public security bureau. The incident has heightened concerns that China may be recruiting individuals of all ages and backgrounds for espionage.
Last month, a Chinese intelligence agent was arrested by the South Korean Defense Counterintelligence Command after attempting to recruit an active-duty South Korean soldier and obtain classified information related to joint military exercises. The agent was detained upon entering the country to pay for the acquired materials. In a separate case last year, a Chinese national was caught operating a drone near the headquarters of the National Intelligence Service. In another incident, three Chinese students were discovered filming a U.S. aircraft carrier docked at a naval base in Busan.
The United States Department of Defense recently identified deterring a potential Chinese invasion of Taiwan as its top strategic priority. Should Beijing initiate an attack, American forces stationed in South Korea and Japan are expected to play a central role in the regional response. U.S. air assets based in South Korea are likely to be deployed toward Taiwan, and American aircraft carriers could use facilities in South Korea or Japan as operational hubs. As a result, intelligence-gathering activities targeting South Korea–U.S. military coordination are expected to become increasingly aggressive and sophisticated.
Despite the rising threat, South Korea is currently unable to prosecute Chinese nationals engaged in espionage under its existing anti-espionage legislation. Article 98 of the Criminal Act defines espionage solely in relation to “enemy states,” a designation limited to North Korea. A legislative proposal to revise the law and expand its applicability to include foreign countries has stalled in the National Assembly’s Legislation and Judiciary Committee.
Following last year’s revelation that a civilian employee of the Korea Defense Intelligence Command had leaked classified materials to a Chinese agent, both the ruling and opposition parties reached a consensus on the need to amend the law. The proposed revision passed a subcommittee in November, but the Democratic Party has since delayed further progress, citing concerns over potential abuse. The bill is intended to penalize espionage conducted on behalf of any foreign state—not only those officially designated as enemies.
All Chinese nationals arrested for photographing South Korea–U.S. military facilities have reportedly claimed to have acted out of “curiosity” or “personal interest.” Authorities believe these individuals are aware that, under current law, espionage charges cannot be pursued unless the activities are connected to North Korea. As global tensions over national security and emerging technologies continue to escalate, the question remains: how much longer can South Korea afford to leave its anti-espionage laws unchanged?
