From this weekend, prosecutors in Seoul can charge technology theft on behalf of any foreign state, not just North Korea. The amended Criminal Act removes a restriction that had forced many industrial leak cases into trade-secret and technology-protection statutes carrying softer penalties.
The National Assembly approved the change in late February, and it was promulgated in mid-March. A six-month grace period ended on September 13, which is when the new offence became usable.
Foreign-backed espionage now carries a floor of three years behind bars. Provisions covering acts that benefit an enemy state were left untouched, so the older charge remains available alongside the broader one.
Officials at the National Intelligence Service had argued for years that the old statute left strategic know-how exposed. Semiconductors and AI sit at the top of the list they cited, followed by displays and batteries. Legal specialists describe the result as a repair to a gap that kept sophisticated industrial theft in a lighter sentencing band.
Recent cases gave the change its political momentum. Five former Samsung Electronics employees were indicted over allegations that DRAM process knowledge reached Chinese memory maker CXMT. Chinese foreign ministry spokesperson Mao Ning, asked about the statute, said Beijing expects all countries to protect normal business activity and provide a fair, non-discriminatory environment. The law names no country.
