Spy agency mulls imposing crime of assisting enemy on tightlipped Lee

Rep. Lee Seok-ki of the minor United Progressive Party, who was arrested on the charge of collusion to stage rebellion and glorification and encouragement of anti-government forces under the National Security Law, declined to testify on the fourth day of probe by the National Intelligence Service. The National Intelligence Service took Lee from Suwon Detention House to its office on Sunday, and is grilling him by asking questions issue by issue on the charges specified in his arrest warrant, but Lee is reportedly declining to answer.

The state spy agency called in two of the six people who were targets of its raid and search operation, including Cho Yang-won, head of the social trend research institute, and King Hong-yeol, the party’s Gyeonggi provincial chapter, on Saturday. The agency will summon to its headquarters in Naegok-dong in Seoul’s Seocho district, and question Lee Yeong-choon, chief of the Korea Confederation of Trade Unions’ Goyang Paju branch on Monday, Park Min-jeong, chair of the youth committee at the party’s headquarters on Tuesday, and Kim Geun-rae, vice chairman of its Gyeonggi chapter on Wednesday.

Intense legal review and debate are expected over the charges that the National Intelligence Service and the prosecution file against them, including rebellion collusion, and glorification and encouragement of anti-government forces (including formation and membership of a pro-enemy state organization) under Article 7 of the National Security Law.

The charge of rebellion collusion can “be admitted when two or more people agree on implementation of crimes, and their agreement is deemed to be entailing practical danger,” the investigation authority said. “Since Rep. Lee formed an organization for revolt, namely Revolution Organization, and conducted practical discussions to seek to topple the regime, and he can be subject to the relevant law.”

Investigation authorities consider Revolution Organization as an assembly that has a command and control system, and is considering applying the charge of formation of an anti-state organization subject to Article 3 of the National Security Law. In contrast, a joint counsel group for Lee refutes the argument, saying that “Taped records alone cannot be construed as evidence that members of the organization reached agreement, and there were no practical danger,” adding, “Neither the charge of the formation of an anti-state organization nor rebellion collusion can be admitted.”

Meanwhile, controversy has flared up over the National Intelligence Service’s alleged plan to impose crime of assisting an enemy state under the Criminal Code, on top of rebellion collusion charges. The crime of assisting an enemy state is a grave crime that is as serious as rebellion, and Article 93 of the Criminal Code provides that “A person who joins forces with an enemy country to fight against the Republic of Korea shall face death penalty.” In order for authority to apply the crime to Rep. Lee, it should prove that Lee contacted with North Korea or sought to support or uphold the North’s claims. But the National Intelligence Service said, “It is misinformation that the agency is considering charging Rep. Lee for the crime of assisting an enemy state.”