Former South Korean Lawmaker Kang Hyo-sang Convicted in Diplomatic Secrets Leak Case

Former Liberty Korea Party (now People Power Party) lawmaker Kang Hyo-sang has been definitively convicted of leaking confidential information regarding a phone call between then-South Korean President Moon Jae-in, and U.S. President Donald Trump. The Supreme Court of South Korea upheld the lower courts’ rulings, sentencing Kang to six months in prison, suspended for one year, and a year of probation. A former counselor at the U.S. Embassy in South Korea, identified as ‘A’, likewise received a suspended sentence of four months.

The Leak and Initial Investigation

The case originated on May 9, 2019, when Kang Hyo-sang held a press conference at the National Assembly and disclosed details of a conversation between Presidents Moon and Trump concerning a potential visit by President Trump to Korea . The information, classified as a Level 3 secret by the Ministry of Foreign Affairs, was obtained from ‘A’, a counselor at the U.S. Embassy, who shared details about the schedule and logistics of the potential visit.

The Court’s Reasoning

The courts determined that the leaked information constituted a ‘diplomatic secret’ protected under Article 113, Paragraph 1 of the Criminal Act . While acknowledging Kang’s claim of parliamentary immunity and legitimate purpose, the court rejected these arguments, stating they were appropriately addressed in the initial trials. The court emphasized the seriousness of the crime, considering the sensitive nature of the leaked information and the method of its disclosure.

Differing Sentences Explained

Whereas both Kang and ‘A’ were found guilty, their sentences differed. ‘A’ received a more lenient sentence due to being “deceived by Kang’s words” and not anticipating the widespread dissemination of the information through a press conference . The court also noted that the leak did not cause significant diplomatic repercussions regarding President Trump’s visit.

Background: 2012 Election Interference

This case occurs within a broader context of concerns regarding political interference and national security in South Korea. In 2017, the National Intelligence Service (NIS) admitted to attempting to influence the 2012 presidential election in favor of Park Geun-hye, deploying cyberwarfare experts against her rival, Moon Jae-in . Park Geun-hye was later impeached and faced corruption charges.

Moon Jae-in and Donald Trump Meetings

President Trump and President Moon Jae-in met on several occasions, including a meeting in the Oval Office on May 22, 2018 , to discuss various issues, including denuclearization of the Korean Peninsula and trade relations.

Key Takeaways

• Kang Hyo-sang was convicted of leaking diplomatic secrets related to a phone call between Presidents Moon and Trump.
• The Supreme Court upheld the lower courts’ sentencing of six months’ probation and one year of suspended imprisonment.
• The case highlights concerns about the protection of diplomatic information and the potential for political interference.
• A former U.S. Embassy counselor received a lighter sentence due to being misled by Kang.