형법상 간첩죄 규정에 대한 개선방안

The objective of the espionage act is classified information. Up until the late 1990s, the Supreme Court’s interpretation of classified information was quite broad. To further explain, information that was already widely known among members of the public was often designated as confidential. Accordingly, in 1997, the Supreme Court excluded such publicly disclosed content from its interpretation of classified information. Under clause 98 of the current Korean criminal law, an individual involved in espionage, or abetted such activity (article 1), or revealed military secrets to a hostile nation (article 2) is punished as a spy. The objective of the clause above is to curb espionage activities for North Korea. However, South Korea’s Supreme Court and Constitutional Court do not recognize North Korea as a nation: North Korea is simply regarded as an anti-government entity. In other words, clause 98 stands ineffective in punishing espionage activities for North Korea as the latter is not a nation. Moreover, the term“hostile” included in the clause restricts punishment for espionage activities aimed at benefitting nations in general as it is stipulated that the nation has to be a “hostile” one. Revisions are necessary to address these existing loopholes in the current law. I propose making an addition to clause 98 to include the word “nation”to allow for punishment against those who choose to assist a nation that is not considered “hostile.”Furthermore, to punish espionage activities aimed at promoting North Korea’s interests, I believe the clause should include the term “anti-government entity”to allow for a broader interpretation of the law.