South Korea's expanded espionage law takes effect amid push to protect chip technology
South Korea's expanded espionage law took effect on September 13, broadening its scope beyond North Korea to include all foreign countries. The revised Criminal Act, passed by the National Assembly on February 26, aims to protect key technologies such as semiconductors, displays, batteries, and artificial intelligence. This amendment creates a new offense for espionage benefiting any foreign entity, carrying a minimum sentence of three years in prison. Previously, prosecutors often relied on industrial technology or trade-secret laws for non-North Korean cases, which carried lighter penalties. The change follows high-profile technology leak cases, including the 2025 indictment of five former Samsung Electronics employees accused of transferring DRAM chip technology to China's CXMT.
South Korea's new espionage law, effective September 13, directly addresses the nation's vulnerability to industrial technology leaks, particularly in the semiconductor sector. By extending espionage offenses to all foreign countries, Seoul aims to deter the transfer of critical intellectual property, as seen in the Samsung Electronics case involving Chinese memory maker CXMT. This legislative shift reflects a heightened national security posture regarding economic competitiveness. The amendment closes a longstanding loophole that often resulted in lighter penalties for non-North Korean industrial espionage. The National Intelligence Service views this as a crucial step to safeguard strategic technologies like AI and advanced chips. The minimum three-year prison sentence for the new offense shows a serious commitment to protecting South Korea's technological edge in a competitive global landscape. The thing to watch is how this law will be applied in practice, especially concerning its impact on foreign companies operating in South Korea and the potential for diplomatic friction, as indicated by China's Foreign Ministry spokeswoman Mao Ning's comments on September 11. The law's broad application could reshape how international tech collaboration and talent mobility are managed within the country.
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