South Korea expanded its espionage law to strengthen protection of semiconductor technology and chip manufacturing secrets.
South Korea's revised espionage law entered into force on September 13, broadening criminal offences beyond acts benefiting North Korea as Seoul strengthens protections against leaks of semiconductor and other strategic technologies.
The amended Criminal Act creates an offence covering espionage conducted for any foreign country or equivalent organization, with a minimum prison sentence of three years. Existing provisions covering espionage benefiting an "enemy state" remain in force.
South Korea's National Assembly passed the amendment on February 26 after criticism that existing legislation made it difficult to prosecute industrial and technology espionage involving countries other than North Korea. Previously, espionage charges generally applied only to activities benefiting Pyongyang. Prosecutors handling cases involving other foreign governments or companies had instead relied on industrial technology or trade-secret legislation, which could carry lighter penalties.
The National Intelligence Service has backed the change, saying it strengthens the country's ability to prevent leaks involving strategic technologies such as semiconductors, displays, batteries and artificial intelligence.
The legislation arrives amid heightened concern over the loss of advanced chip technology. Five former employees were indicted last year on accusations that they transferred key dynamic random-access memory (DRAM) technology to Chinese memory-chip maker CXMT. Samsung and CXMT did not comment at the time.
The amendment does not identify specific countries. Asked whether it could be viewed as targeting China, Chinese Foreign Ministry spokesperson Mao Ning said Beijing requires its companies to conduct international cooperation in accordance with laws and international rules. Mao called on countries to protect normal investment and business activity and provide companies with a fair and non-discriminatory operating environment.
The law was promulgated on March 12 and entered into force on September 13 following a six-month grace period.