Two Chinese nationals who previously served in the Chinese military were arrested on charges of collecting military information while touring military facilities of the Republic of Korea Armed Forces and U.S. Forces Korea. However, because the amended espionage statute that would allow punishment for spying on behalf of a foreign country is not yet in effect, they were charged under general anti-state provisions instead.
The Gyeonggi Nambu Provincial Police Agency's security investigation unit said on the 11th it arrested a Chinese national in his 60s, identified as A, on suspicion of the general anti-state crime and violating the Protection of Communications Secrets Act. It also arrested a Chinese national in his 40s, identified as B, on suspicion of the general anti-state crime and violating the Military Bases and Installations Protection Act. Both are known to be former members of the People's Liberation Army.
A is suspected of eavesdropping on communications between fighter jets and an air traffic control tower using an SDR (software-defined radio), an antenna, and a laptop at a hotel near Gunsan Airport in North Jeolla in April. It was found that A installed receiving equipment at a hotel about 1 kilometer from Gunsan Airport and collected military aircraft communications.
An SDR receiver is equipment that can receive a range of frequency bands through software. A has traveled to and from Korea several times on a tourist visa since January 2024, and it was also confirmed that joint air force drills between Korea and the United States were underway during A's entries.
In a police interview, A was said to have testified that listening to aircraft communications was a hobby. Police are forensically examining the seized laptop and mobile phone to determine whether the communications A collected were leaked outside and whether there was any behind-the-scenes direction.
B is suspected of collecting information inside the U.S. military base while running a military goods shop near Camp Humphreys (K-6), a U.S. Forces Korea base in Pyeongtaek, Gyeonggi, from November 2021 to May this year.
It was found that B recruited a Korean woman, identified as C, who works at K-6, and received materials related to the Ulchi Freedom Shield (UFS) joint Korea-U.S. military exercise and personnel documents. B also collected information such as the duty sections of the U.S. command and photos of inaugurations, and directly observed and filmed weapons movements inside the base.
B is also known to be a former member of the People's Liberation Army. B argued in a police interview that the information was collected only for running the military goods shop, but police are investigating the exact circumstances of the information gathering and whether there was any external leakage based on the seized materials.
Both were charged with the general anti-state crime under the Criminal Act, not espionage. That is because the amended espionage statute, which allows punishment for detecting, collecting, or divulging state secrets on behalf of a foreign country, has not yet taken effect.
Under the current Criminal Act, espionage applies only to an "enemy state." Accordingly, actions such as collecting military secrets for foreign countries including China have been prosecuted under the general anti-state crime.
In February, the National Assembly amended the Criminal Act to expand the scope of espionage from an "enemy state" to include a "foreign country or an organization equivalent thereto." The amendment takes effect on Sept. 13.
Because the offenses in this case occurred before the amended Criminal Act takes effect, the amended espionage provision cannot be applied retroactively under the principle against ex post facto punishment. As a result, the two are likely to face charges such as the general anti-state crime throughout investigation and trial.
The general anti-state crime is a provision that punishes acts that harm the Republic of Korea's military interests or provide military advantages to an enemy state, and the statutory penalty is imprisonment for life or for not less than three years.
A police official said, "When the amended espionage statute takes effect, we will be able to respond more proactively to intelligence activities for foreign countries," adding, "We plan to actively respond to foreign intelligence activities targeting our country."