Case Summary

Court: Suwon District Court, Criminal Division 7 (Presiding Judge Kim Byung-soo, Senior Judge)

Date: Second-instance ruling on 17 November 2025

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Who Was Involved?

A (60s) and B (40s) – two individuals of Chinese nationality.

Charged with entering a U.S. military air show venue (on a Korean public military facility) and illegally filming U.S. Air Force aircraft.

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What Happened?

The defendants entered a restricted area of an air show hosted at a Korean Air Force base.

Despite being ordered by U.S. military personnel not to film, they took numerous photos of military aircraft.

Korean authorities were informed of the intrusion by U.S. forces.

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Charges

Violation of the Military Base and Military Installations Protection Act

Violation of the Military Secrets Protection Act (군사기밀보호법)

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Lower Court Ruling (July 2024)

A received 1 year imprisonment, suspended for 2 years.

B received 10 months, suspended for 2 years.

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Appeal Outcome (2nd Instance)

The Suwon High Court upheld the same suspended sentences.

Court reasoned:

Defendants knew entering a controlled military area and taking photos was prohibited.

Their actions posed a risk to military security.

Although photos they took were not clearly military secrets, the attempt itself warranted criminal punishment.

Defendants claimed ignorance, but the court found this unconvincing.


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Additional Context

The Ministry of National Defense reportedly did not approve the U.S. military’s unilateral air show for 2025, reflecting concerns about similar incidents.

Investigations found that A and B were barred from normal entry, so they slipped in through side gates used by Korean locals, eventually blending into the crowd inside the air show area.

Article: https://m.lawissue.co.kr/view.php?ud=202511171542258507b50722e900_12