Korean Law Demystified!

Korean Supreme Court Finalizes Sentence in Diplomatic Leak Case

Key Ruling

The Korean Supreme Court finalized a suspended prison sentence for former lawmaker Kang Hyo-sang.

Sentence:

6 months in prison

1 year suspension (probation)


Charges: Disclosure, acquisition, and exploration of diplomatic secrets





Background

In May 2019, Kang obtained details of a phone call between South Korean President Moon Jae-in and U.S. President Donald Trump.

The information was leaked to him by a South Korean Embassy official in the United States, who was his former high school junior.

Kang publicly disclosed the contents of the call through a press conference and other channels.





Lower Court Decisions

Trial Court (1st instance):

Found Kang guilty.

Ruled that the call contents were confidential diplomatic information that required strict protection.

Sentenced him to 6 months in prison, suspended for 1 year.


Appellate Court:

Upheld the lower court’s decision without changes.





Supreme Court Decision


The Supreme Court dismissed Kang’s appeal.

It confirmed that:

The lower court made no legal errors.

The leaked information qualified as protected diplomatic secrets.


The original sentence was therefore finalized.





Legal Significance

Reinforces that:

Diplomatic communications between heads of state are highly protected confidential information.

Unauthorized disclosure can result in criminal liability, even for public officials or politicians.

Highlights the seriousness of breaching state-level diplomatic secrecy.

Article: https://www.lawtimes.co.kr/news/articleView.html?idxno=217472