S. Korea pushes to expand spy law

SEOUL, Nov. 3 (Yonhap) -- South Korea is pushing for new legislation to combat espionage by allies and countries other than North Korea and to cope with growing security risks from global intelligence warfare, officials said Monday.

South Korean law currently defines espionage as "spying for enemy states," which
in effect bars spying only from North Korea. The government seeks to expand the
range of espionage charges to include information-gathering to benefit other
countries, including allies, Justice Ministry officials said.
"Around the world, the line between enemies and allies is getting blurred," said
Kwon Ik-hwan of the ministry's criminal law division. "We've come to recognize
the need to prepare for possible leaks of national secrets and military
intelligence to other countries as well, not just North Korea."
The motion is expected to be submitted to the National Assembly as part of a more
comprehensive revision of the Criminal Law by early 2011. South Korea currently
punishes spying within the boundaries of the National Security Law, under which
pro-North Korea activities warrant a maximum penalty of death.
The anti-communist law views the Korean Peninsula as being in a state of war, in
recognition of the fact that the Korean War ended in 1953 with an armistice, not
a formal peace treaty.
A female North Korean spy who came to South Korea under the guise of being a
defector was recently sentenced to five years in prison for exchanging sexual
favors in return for military intelligence, which she relayed to operatives in
China. The woman, 35-year-old Won Jeong-hwa, dropped an appeal against the court
ruling on Oct. 21.
Kwon said the spying legislation is a preemptive measure, and that he was not
aware of any noteworthy espionage cases that did not involve North Korea.
Under the Criminal Law revision, the ministry also seeks to create new
legislation to reflect contemporary social and economic trends in the country.
Surreptitious filming of others' private lives and spying for corporate
interests, which are currently punished by special acts, are to be added to the
Criminal Law with the revision, officials said. Corporate spying by Chinese
hackers has recently emerged as a major problem for Korean enterprises.
The move, if approved, will mark the first-ever major amendment of the Criminal
Law, which was established following the Korean War.
The Justice Ministry is also preparing to amend the country's five-decades-old
Civil Law. Among the changes scheduled to be completed by 2012 for parliamentary
approval is the lowering the legal adult age from 20 to 19.