🚨 Foreign Exchange Crime: Treason Acts That Threaten National Security and Legal Punishment

Today Korean Social News | 2025.07.07

📌 Former President Yoon Suk-yeol Arrest Warrant Requested…Foreign Exchange Crime Investigation Expected to Begin

💬 The martial law special prosecutor team has requested an arrest warrant for former President Yoon Suk-yeol. The warrant includes charges of abuse of power and creating false official documents. If he is arrested, the investigation into foreign exchange crimes is also expected to speed up. The special prosecutor is focusing on charges that former President Yoon ordered drone deployment to create justification for declaring martial law, which could be considered inducing foreign exchange crimes. This has increased public interest in foreign exchange crimes, which are among the most seriously punished crimes related to national security.

Summary

• Foreign exchange crime is an act of treason that harms national security by communicating with foreign countries or providing benefits to enemy nations.
• It is one of the most serious crimes under criminal law, punishable by death or life imprisonment.
• Unlike simple diplomatic activities, it punishes acts that deliberately harm the country.

1️⃣ Definition

Foreign exchange crime means acts of treason that harm the safety and independence of South Korea by communicating with foreign countries or providing benefits to enemy nations. It is regulated in Articles 92 to 99 of the Criminal Code and is classified as the most serious crime against the state, along with rebellion.

Simply put, it means betraying the country and acting for the benefit of foreign countries to harm our nation.

💡 Why is it important?

• It is a key legal tool to protect the country's existence and safety.
• It protects national sovereignty from foreign invasion or interference.
• It is fundamental law that protects citizens' lives, property, and freedom.
• It has a deterrent effect that prevents leaking state secrets and acts of treason.

2️⃣ Main Types and Requirements of Foreign Exchange Crimes

📕 Main Types of Foreign Exchange Crimes

• Foreign exchange crimes are divided into several forms. The main types are as follows:

  • Foreign Exchange Crime (Article 92 of Criminal Code): Acts of conspiring with foreign countries to make them use military force against South Korea or providing military benefits.
  • Enemy Aid Crime (Article 93 of Criminal Code): Acts of spying for enemy countries or leaking military secrets.
  • Enemy Recruitment Crime (Article 94 of Criminal Code): Acts of working for enemy countries under their command and orders.
  • Facility Destruction Crime (Article 95 of Criminal Code): Acts of destroying military facilities or military supplies or giving them to the enemy.

• Each type has specific acts defined. The main requirements are as follows:

  • Must communicate with foreign countries or receive their command and orders.
  • Must perform hostile acts against South Korea.
  • Must include acts of providing military benefits or secrets.
  • Must cause or risk causing harm to the country's existence or safety.

📕 Punishment Levels and Legal Characteristics

• Foreign exchange crimes receive very heavy punishment. The main punishment levels are as follows:

  • Leaders of foreign exchange crimes are punished with death or life imprisonment.
  • Others involved in the crime are punished with death, life imprisonment, or imprisonment for 5 years or more.
  • Attempted crimes are punished the same as completed crimes.
  • Even preparing or conspiring is punished with imprisonment for 2 years or more.
  • Sentences can be reduced if someone turns themselves in.

• Foreign exchange crimes have special legal characteristics. The main features are as follows:

  • Unlike the National Security Law, it is regulated in general criminal law and applies universally.
  • The statute of limitations is 25 years, longer than other crimes.
  • It also punishes crimes committed outside the country.
  • Because the legal punishment is very heavy, actual application requires careful consideration.
  • It only punishes pure acts of treason, not political purposes.

Main Issues with Foreign Exchange Crimes

1. Concept of Enemy Country: How to define the scope of 'enemy country' when not currently at war
2. Military Benefits: Vague standards for what constitutes military benefits
3. Proving Intent: Standards for distinguishing between simple mistakes and deliberate acts of treason
4. Political Misuse: Concerns about possible misuse of foreign exchange crimes for political purposes
5. Relationship with International Law: Setting boundaries between diplomatic activities and foreign exchange crimes

3️⃣ Historical Cases and Application Status of Foreign Exchange Crimes

✅ Major Domestic Application Cases

• There have been several foreign exchange crime cases in modern Korean history. The main cases are as follows:

  • During the Korean War, foreign exchange crimes were applied to collaborators who helped North Korea.
  • In the 1970s Dongbaekrim incident, investigations were conducted on suspicions that Korean-Japanese were connected to North Korea.
  • In the 1980s, foreign exchange crimes were applied in spy cases connected to North Korean agents.
  • Recently, foreign exchange crime charges have been raised in spy cases involving providing military secrets to North Korea.

• Application of foreign exchange crimes is done very carefully. The main characteristics are as follows:

  • Actual prosecution and conviction cases are very rare.
  • Most cases are punished under the National Security Law or other laws.
  • Clear evidence and intent must be proven for prosecution.
  • Careful investigation and prosecution are conducted to avoid political controversy.
  • Application decisions consider international situations and inter-Korean relations.

✅ Comparison with Similar Foreign Legal Systems

• Major countries also operate similar treason crime systems. The overseas situation is as follows:

  • The United States has treason crimes in its constitution, punishable by death or life imprisonment.
  • The United Kingdom punishes acts of treason against the royal family and state through the Treason Act.
  • Germany has detailed regulations for treason and national security-related crimes in its criminal law.
  • Japan regulates foreign exchange crimes and rebellion in its criminal law to protect national security.

• Each country's operating methods differ. The main differences are as follows:

  • The United States applies very strict standards for treason crimes, making actual application extremely rare.
  • European countries emphasize harmony with international law and pay more attention to human rights protection.
  • Asian countries tend to prioritize national security more, resulting in higher punishment levels.
  • Most countries tend to emphasize deterrent effects rather than actual application.

4️⃣ Related Term Explanations

🔎 Rebellion Crime

• Rebellion crime is a crime that attempts to overthrow the national order.
• Rebellion crime refers to crimes of causing riots with the purpose of seizing national territory or disrupting the national constitution. It is classified as the most serious crime against the state along with foreign exchange crimes, and is regulated in Articles 87 to 91 of the Criminal Code.
• The main requirements for rebellion crime include: first, there must be a purpose to seize national territory or disrupt the national constitution. Second, riots must be used as a means. Third, actual riot acts must occur. Rebellion crime is divided into leaders, conspiracy participants, and followers according to purpose, each receiving different sentences.
• The difference from foreign exchange crime is that rebellion crime is an act to overthrow the national order domestically, while foreign exchange crime is an act that harms the country by communicating with foreign countries. Both crimes are treated as serious crimes that threaten the country's existence and receive very heavy punishment.

🔎 National Security Law

• The National Security Law is a special law to protect national safety.
• The National Security Law is a law enacted to secure the safety of the country and the survival and freedom of citizens by regulating anti-state activities that endanger national safety. It was enacted in 1948 and has been amended several times to reach its current form.
• The main contents of the National Security Law include: first, prohibiting the formation or joining of anti-state organizations. Second, punishing acts of leaking state secrets or providing them to enemy countries. Third, prohibiting acts of praising or encouraging anti-state organizations. Fourth, punishing espionage or anti-state activities.
• In relation to foreign exchange crimes, the National Security Law has a more comprehensive and preventive nature. While foreign exchange crimes apply when actual acts of treason are committed by communicating with foreign countries, the National Security Law can punish even at the preparation or preliminary stages of anti-state activities. However, the National Security Law has political controversy, so application is done carefully.

🔎 Espionage Crime

• Espionage crime is a crime of providing state secrets to enemy countries.
• Espionage crime refers to crimes of conducting espionage for enemy countries or detecting, collecting, and providing state secrets to enemy countries. It is regulated in Article 98 of the Criminal Code and is closely related to enemy aid crime, which is a type of foreign exchange crime.
• The main requirements for espionage crime include: first, it must be an act for enemy countries. Second, there must be acts of detecting, collecting, or leaking state secrets. Third, results that provide benefits to enemy countries must occur or there must be risk of occurrence. Espionage crime is punished with imprisonment for 3 years or more, and crimes committed outside the country are also subject to punishment.
• In modern times, new forms of espionage such as cyber espionage and economic espionage are emerging, and legal response measures are being continuously discussed. In particular, improving legal systems to prevent leakage of advanced technology or state secrets has emerged as an important task.

5️⃣ Frequently Asked Questions (FAQ)

Q: Can general diplomatic activities or international exchanges be considered foreign exchange crimes?

A: General diplomatic activities or international exchanges are not considered foreign exchange crimes. For foreign exchange crimes to be established, there must be clear intent to deliberately communicate with foreign countries to harm our country. Normal diplomatic relations, academic exchanges, economic cooperation, and cultural exchanges are all legal activities. Foreign exchange crimes are crimes that must clearly prove traitorous intent to harm the country's safety and independence. For example, having normal business discussions with foreign governments, attending international conferences, or attracting overseas investment are all legitimate activities. However, if during these activities someone leaks state secrets or acts with the purpose of harming our country, it could be problematic. What's important is not the appearance of the act but the true intent and purpose hidden within it. Therefore, ordinary citizens don't need to worry about foreign exchange crimes when engaging in normal international activities, and such exchanges actually help national development.

Q: How are foreign exchange crimes and rebellion crimes distinguished?

A: Foreign exchange crimes and rebellion crimes are both serious crimes against the state, but they have clear differences in their nature and requirements. The biggest difference is whether foreign countries are involved. Rebellion crime is purely an act to overthrow the national order domestically, while foreign exchange crime must have elements of communicating with foreign countries or acting for foreign interests. There are also differences in purpose. Rebellion crime focuses on causing riots with the purpose of occupying national territory or destroying the constitutional order, while foreign exchange crime focuses on cooperating with foreign countries to cause military harm to our country or leak secrets. In terms of means, riots are essential for rebellion crime, but foreign exchange crime can be established without riots. Punishment levels are similarly heavy, but foreign exchange crime has slightly heavier sentences. Looking at actual cases, if someone tries to overthrow the government through coups or protests, it's rebellion crime, and if someone provides state secrets to foreign intelligence agencies, it's foreign exchange crime. Both crimes may be applied together, in which case heavier punishment is received.