CONTENTS
- 1. Crime of Disclosure of Official Secrets | Elements of the Offense
- - Related Precedent
- - Recent Status of Bookings and Arrests
- - Differences from the Crime of Violation of Secrecy
- 2. Crime of Disclosure of Official Secrets | Penalty Level
- - Administrative Disposition
- - Penalty Levels Examined Through Actual Precedents
- 3. Crime of Disclosure of Official Secrets | How to Respond
- - Facing an Investigation?
- - Want to Reduce the Penalty?
- - Want to Object to an Administrative Disposition?
- 4. Crime of Disclosure of Official Secrets | Finding It Difficult to Respond Alone?
1. Crime of Disclosure of Official Secrets | Elements of the Offense
The crime of disclosure of official secrets is a crime in which a public official, or a person who was a public official, discloses a secret learned through their duties.
The subject of this crime is a public official or a person who was a public official, and it applies when that person discloses a secret of their official duties as provided by statute.
Here, disclosure means informing a third party who does not know the secret, and informing a person who already knows the secret does not constitute disclosure.
For this crime to apply, the disclosed information must be a secret of one's official duties as provided by statute.
Related Precedent
Supreme Court Judgment of December 30, 2021, Case No. 2021Do11924
The crime of disclosure of official secrets is also viewed not as protecting the secret itself, but as protecting the interest endangered by a breach of the public official's duty of confidentiality, that is, the function of the State that is threatened by disclosure of the secret.
In the Supreme Court's view, for this crime to apply, the disclosed secret must be one that impedes the functions of the State.
Recent Status of Bookings and Arrests
Over the past 3 years, the number of cases in which current or former public officials, including police officers, were booked for leaking official secrets has reportedly exceeded 100.
According to the National Police Agency, from 2022 through the first half of 2024, the number of cases placed under investigation on charges of disclosure of official secrets reached a total of 137.
Differences from the Crime of Violation of Secrecy
The crime of disclosure of official secrets and the crime of violation of secrecy both protect a ‘secret,’ but they differ in their subject and object, their conduct, and the legal interest protected.
The crime of disclosure of official secrets applies when a public official or a former public official discloses a secret learned through their duties.
By contrast, the crime of violation of secrecy punishes opening a sealed letter or document of another, or ascertaining its contents by technical means.
2. Crime of Disclosure of Official Secrets | Penalty Level
If the crime of disclosure of official secrets is recognized, the following punishment applies under the Criminal Act.
| Article 127 of the Criminal Act | Imprisonment with or without labor for not more than 2 years or suspension of qualifications for not more than 5 years |
Administrative Disposition
If a charge of the crime of disclosure of official secrets is recognized, you may face not only criminal punishment but also an administrative disposition that results in the loss of your public office.
Disciplinary actions include removal, dismissal, demotion, suspension from duty, salary reduction, and reprimand, and the level of discipline is determined by considering the content and intentionality of the disclosure together with one's standing as a public official.
Penalty Levels Examined Through Actual Precedents
Uijeongbu District Court Judgment of March 8, 2017, Case No. 2016Godan4908
In the course of that work, he secretly photographed secret materials, such as investigative intelligence, that he had learned through his duties using his own mobile phone, and then sent them to a tax office employee via KakaoTalk.
He then repeatedly photographed and sent materials constituting secrets of his official duties in a similar manner, disclosing information that should have been protected under statute.
Daegu District Court Judgment of October 24, 2023, Case No. 2023Godan2596
This conduct amounted to disclosing a secret learned through his duties, and
3. Crime of Disclosure of Official Secrets | How to Respond
The crime of disclosure of official secrets is a very serious crime, and if the charge is recognized, imprisonment and a disciplinary disposition are difficult to avoid.
For this reason, it is advisable to preserve the course of events and the evidence and to establish a defense strategy promptly.
Facing an Investigation?
Before being investigated on a charge of the crime of disclosure of official secrets, it is very important to accurately grasp and organize the circumstances surrounding the case
Because statements made before the investigative authorities greatly affect not only future criminal punishment but also disciplinary proceedings, you must set the direction of your response carefully.
▷ Clarify the facts by securing relevant materials and evidence
▷ Establish a statement strategy for questioning in advance together with an attorney
▷ Refrain from unnecessary statements during the investigation and respond prudently
Want to Reduce the Penalty?
Because the crime of disclosure of official secrets does not provide for a fine by law, if the charge is recognized, there is a high likelihood of imprisonment.
The absence of intent or the fact that the harm was not significant, along with remorse and efforts to repair the harm after the incident, can be important factors in mitigating the punishment.
▷ Take active measures to minimize the harm after the incident
▷ Express an attitude of remorse and make concrete efforts to prevent recurrence
Want to Object to an Administrative Disposition?
If, after receiving an administrative disposition for the crime of disclosure of official secrets, you conclude that the disposition is unjust, you can respond actively through legal procedures such as an objection or an administrative appeal.
▷ Promptly carry out the procedure within the objection period
▷ Review additional legal remedies, such as an administrative appeal and administrative litigation
4. Crime of Disclosure of Official Secrets | Finding It Difficult to Respond Alone?
Our firm has many specialized attorneys with an average of more than 10 years of experience, who closely analyze the case, thoroughly review the relevant statutes and precedents, and then establish a defense strategy.
In addition, through cooperation with administrative law attorneys, we mount not only a defense against criminal punishment but also a legal response aimed at maintaining the client's status as a public official.
If you are facing difficulties because of a case involving the crime of disclosure of official secrets, please request consultation and assistance from a criminal defense attorney at Daeryun Law Firm at any time.
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