Seoul: A revised Criminal Act allowing punishment for espionage conducted on behalf of foreign countries took effect Sunday. When the amendment passed the National Assembly in late February, it drew less attention than the controversial provision creating the crime of distortion of law. Yet expanding the scope of espionage offenses is significant.

According to Yonhap News Agency, the previous law, introduced in 1953, punished the detection or collection of secrets on behalf of an "enemy state," effectively limiting its application to North Korea. It had long been criticized for failing to reflect today's security environment. As a result, espionage charges could not be applied even when South Korean intelligence personnel were recruited by agents of countries other than North Korea and leaked military secrets. The same limitation applied when foreigners were caught repeatedly photographing military installations and warships in Korea or even attempting to intercept communications.

The revised Criminal Act provides for imprisonment of at least three years for anyone who, under instructions, instigation or communication from a foreign country or equivalent organization, detects, collects, divulges, delivers or brokers state secrets. It provides a legal basis for responding to changing security threats by correcting the previous law's narrow focus on enemy states.

After overhauling an espionage framework that remained largely unchanged for more than 70 years, Korea must urgently strengthen the counterintelligence and investigative capabilities needed to enforce it. Applying espionage charges involving foreign countries could create diplomatic friction, requiring sophisticated investigations and responses. Authorities should reinforce specialist personnel and establish robust systems for information sharing and cooperation among the National Intelligence Service, which conducts counterintelligence operations, the police and Serious Crimes Investigation Agency, which handle investigations, and the Prosecution Office, which is responsible for indictments.

Another challenge is protecting advanced industrial technologies in semiconductors, nuclear power and defense in an era of economic security. Some advocate explicitly bringing industrial espionage for foreign companies under the espionage law and increasing penalties. Others call for separate legislation specifically targeting industrial spies. Korea must refine its legal framework to ensure there are no gaps in protecting not only military secrets but also critical technologies that determine national competitiveness. Expanding the law was necessary. Building the investigative expertise and institutional coordination to make it effective is now equally important.