Crime of Disclosure of Official Secrets

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.

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.

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.

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.

Uijeongbu District Court Judgment of March 8, 2017, Case No. 2016Godan4908

Daegu District Court Judgment of October 24, 2023, Case No. 2023Godan2596

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.

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.

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.