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A South Korean man working for a Chinese semiconductor company is set to stand trial in China on espionage charges, as confirmed by the Korean Embassy in Beijing on Tuesday.
This is the first case of a South Korean national being charged with espionage under China's newly revised Counter-espionage Law, which significantly broadened the scope of activities considered espionage.
A South Korean man in his 50s residing in the city of Hefei in China's eastern Anhui province was arrested by Chinese investigative authorities last December. At the time of his arrest, officials indicated he was being charged with espionage.
After his arrest, the man was held in detention and investigated for several months. In May this year, the Chinese prosecution took over the case and officially detained him. Chinese authorities reportedly suspect that the man leaked semiconductor-related information to South Korea.
The detained South Korean worked as an ion implantation technician in the South Korean semiconductor industry for nearly 20 years before joining ChangXin Memory Technologies (CXMT), a Chinese DRAM-specialized firm. The man joined the firm in 2016 when CXMT first recruited 10 South Korean semiconductor professionals.
He later went on to work at two other semiconductor companies in China. However, Hefei's security bureau suspected that he leaked semiconductor-related information to South Korea during his time at CXMT. A Korean media outlet reported — citing a colleague who worked with him at CXMT — that he did not hold a position with clearance for core technologies or information.
China first enacted its Counter-espionage Law in 2014, and amended the law early last year, which went into effect on July 1. The revised law is known for having widely expanded the scope of what is deemed as espionage activities.
The law states that actions for third countries may be punished as espionage activities, when they are carried out utilizing Chinese citizens, organizations or other means, and threaten China's national security. The revised law has been criticized for its ambiguity regarding what constitutes national security or national interests, and what qualifies as a threat to China's national security.
The trial could begin as early as this month, and the man's family is asking that he be tried at a court in South Korea.
Under China's criminal law, espionage charges normally carry a prison sentence of three to 10 years, with the possibility of life imprisonment or even the death penalty.
A senior official of South Korea's foreign ministry said Tuesday that the government has been providing necessary consular assistance since becoming aware of the case.
Meanwhile, China's foreign ministry spokesperson has stated that the arrest was "in accordance with the law."
Chinese foreign ministry spokesperson Lin Jian said in a briefing Tuesday that the arrest of the Korean citizen was in accordance to the country's law.
"China is a nation of rule of law. The country has uncovered illegal criminal activities according to the law, and it has ensured all legitimate rights of the individual involved," the spokesperson said.