South Korea Alerts Citizens Ahead of Beijing’s New Anti-Espionage Law

The country advises against non-essential travel to China

South Korea and China's flags flutter next to Tiananmen Gate in Beijing, China, on Dec. 15, 2017. Jason Lee/Reuters

Tensions are mounting as South Korea braces for the enactment of the new “Anti-Espionage Law” that the Chinese Communist Party (CCP) is poised to implement on July 1. In response to the perceived threat, South Korea has taken preventative measures, including widespread governmental alerts and media advisories, even going as far as advising against non-essential travel to China.

The newly revised anti-espionage law expanded the definition of espionage, making it broader and vaguer. For example, the scope of subjects of stealing secrets is expanded to “other documents, data, materials, and items related to national security and interests.”

It also empowers the regime’s authorities to gain “access to data, electronic equipment, information on personal property, and also to ban border crossings.”

A June 28 report from Korean news outlet Hankyoreh highlighted how Korean expatriates, in an effort to avoid potential prosecution, are purging business-related statistical and analytical data from their offices and computers. While this data is typically innocuous, the fear of being wrongfully accused of espionage has led to these drastic measures.

One Korean expatriate, wishing to remain anonymous, told the outlet, “With the current strain in South Korea–China relations and a tense atmosphere in China, we can’t predict how this law might be leveraged against us.”

The South Korean embassy in China issued a cautionary notice on its official website on June 26, warning about the expansive scope of the CCP’s new anti-espionage law. It advised South Koreans residing or planning to travel to China to be cautious as “unexpected issues” might arise due to the differences in legal systems and concepts between the two countries. This warning generated substantial attention, with over 23,000 searches registered within a few days.

As part of its proactive strategy, the South Korean Ministry of Foreign Affairs held a roundtable discussion with the tourism industry on June 22, deciding to include the new law in safety briefings for tourists upon their arrival in China.

Korean media, recognizing the potential for wide-ranging implications of the Espionage Law, has likewise been diligent in raising public awareness.

Prominent Korean news outlets, such as Chosun Ilbo, have criticized the CCP’s new espionage law for its potential for arbitrary interpretation and enforcement, citing fears of random penalties under the guise of national security. It pointed out how innocuous activities such as market surveys, data collection, and even searching and saving reports critical of Chinese leader Xi Jinping could draw punitive attention.

Further scenarios include interactions with North Korean affiliates, taking photographs of the China–North Korea border region, tourists unintentionally capturing images of military facilities or security zones, visiting protest sites, or photographing demonstrators. Such activities, generally considered innocuous, could also draw scrutiny under the new law.

Korean media and publications have urged South Korean expatriates, businesses, and tourists in China to exercise utmost caution. In a clear reflection of the escalating concerns, they advised against any unnecessary travel to China.

Security personnel stand guard at the entrance to the Forbidden City near an image of Chinese leader Xi Jinping (R) as the closing session of the National Peoples Congress (NPC) takes place at the Great Hall of the People nearby in Beijing on March 11, 2022. Photo by Noel Celis / AFP via Getty Images

‘Evokes Memories of Cultural Revolution’

Maeil Business News commented in an editorial that the new law evokes memories of the Cultural Revolution, a time characterized by societal upheaval and widespread fear. It also highlighted concerns that the CCP could potentially leverage the law as a retaliatory measure against South Korea amid the diplomatic tension.

The Cultural Revolution, spanning from 1966 to 1976 under the aegis of CCP leader Mao Zedong, was a decade of profound turmoil, violence, and societal disruption in China. During this period, the state exercised brutal control over the lives of Chinese citizens, utilizing ambiguous laws and regulations to consolidate power and stifle dissent. Official estimates suggest at least 1.5 million people died in this period due to violence, forced labor, and widespread famine.

The Korea Herald forecasts a significant decrease in civilian exchanges and corporate activities between the two nations due to the current impasse and the impending anti-espionage law. Given the evolving normalization process of the U.S. THAAD base in South Korea, it predicts further complications in their bilateral relationship.

THAAD (Terminal High Altitude Area Defense) is a U.S.-designed and manufactured anti-missile system installed in South Korea between 2016 and 2017 as a bulwark against a potential North Korean missile attack. But Beijing has insisted that the deployment of THAAD affects China’s security and has since adopted a series of countermeasures against South Korea.

In addition to the anti-espionage law, the CCP is set to implement its Foreign Relations Law from July 1. The new law requires all organizations and individuals to uphold Chinese interests in international exchanges. Anyone that “commits acts that are detrimental to China’s national interests” will be held legally accountable, it says.

Yonhap News Agency observes that these laws exemplify the CCP’s policy of reinforcing internal control while curbing external influences amid escalating U.S.–China strategic competition.

Korean Flights to China Drop 90 Percent

A noticeable impact of the strained South Korea–China relations is the significant drop in the number of Koreans traveling to China this year, as reported by TV Chosun. The current figures show a staggering 90 percent decrease compared to pre-pandemic levels. Despite China lifting all entry restrictions on foreigners in April, the decline was still significant at 85 percent.

TV Chosun’s report painted a stark contrast at the airport, where long queues could be seen at the counters processing travel to the United States, while the counters handling travel procedures for China were noticeably less busy. This shift has prompted the Korean aviation industry to re-strategize, reducing the number of Korea–China routes and increasing the frequency of Korea–Japan routes.

Korean Air announced a suspension of the Gimpo–Beijing route from Aug. 1 to Oct. 28 and the Incheon–Xiamen route from Aug. 9 to Oct. 28. Currently, Korean Air’s China flight volume is only a third of what it was compared to the pre-pandemic level in June 2019.

Likewise, Asiana Airlines is also planning to suspend the Gimpo–Beijing route from July 6, the Incheon–Shenzhen route from July 8, and the Incheon–Xi’an route has already been suspended since June 20.

As South Korea prepares for the looming uncertainty, it continues to adopt preventive measures and propagate awareness among its citizens to navigate these challenging diplomatic times.