Article 1(Purpose) #
The purpose of this Decree is to contribute to national security by prescribing matters regarding the performance of counterintelligence affairs, cooperation therefor among agencies, etc., among the duties of the National Intelligence Service under Article 4 of the National Intelligence Service Korea Act. <Amended on Dec. 31, 2020>
Article 2(Definitions) #
The terms used in this Decree are defined as follows: <Amended on Nov. 19, 2014; Jul. 26, 2017; Aug. 21, 2018; Nov. 20, 2018; Dec. 31, 2020; Nov. 1, 2022; Dec. 19, 2023; Apr. 23, 2024>
1. The term "counterintelligence" means all countermeasures, including the collection, preparation, distribution, etc. of information performed to find intelligence activities of foreign countries, foreigners, foreign organizations, transnational actors, or Korean nationals (hereinafter referred to as "foreign countries, etc."), which are contrary to national security and national interests, and to verify, control, and block such intelligence activities;
2. The term "information activities of foreign countries, etc." means information collection activities and other activities of foreign countries, etc., which may affect the national security and national interests of the Republic of Korea;
3. The term "counterintelligence agency" means any of the following agencies performing business affairs related to counterintelligence:
(a) The National Intelligence Service;
(b) The Ministry of Justice;
(c) The Korea Customs Service;
(d) The Korean National Police Agency;
(e) The Korean Intellectual Property Office;
(f) The Korea Coast Guard;
(g) The Defense Counterintelligence Command;
4. The term "relevant agency" means any of the following agencies, other than counterintelligence agencies:
(a) A State agency established under the Government Organization Act or other statutes or regulations;
(b) A local government designated by the Director of the National Intelligence Service from among local governments after deliberation by the National Counterintelligence Strategy Council under Article 10;
(c) An agency designated by the Director of the National Intelligence Service after deliberation by the National Counterintelligence Strategy Council under Article 10, from among public institutions under Article 4 of the Act on the Management of Public Institutions.
Article 3(Scope of counterintelligence affairs) #
The scope of business affairs performed by a counterintelligence agency pursuant to this Decree (hereinafter referred to as "counterintelligence affairs") shall be as follows: <Amended on Dec. 31, 2020; Apr. 23, 2024>
1. Collection, preparation, and distribution of information on intelligence activities of foreign countries, etc.;
2. Verification, checking, control, and blocking of intelligence activities of foreign countries, etc.;
2-2. Countermeasures taken to protect the safety of citizens in relation to intelligence activities of foreign countries, etc.;
3. Development of counterintelligence techniques and improvement of systems;
4. Provision of counterintelligence-related information to other counterintelligence agencies and relevant agencies;
5. Activities to protect national security and national interests in relation to business affairs referred to in subparagraphs 1, 2, 2-2, 3, and 4.
Article 4(Cooperation among agencies) #
(1) The head of a counterintelligence agency may request cooperation from the heads of other counterintelligence agencies or the heads of relevant agencies, if necessary for performing counterintelligence affairs.
(2) Upon receipt of a request for cooperation under paragraph (1), the head of an agency shall provide cooperation, unless there is a compelling reason not to do so.
Article 4-2(National Counterintelligence Integration Center) #
(1) A National Counterintelligence Integration Center shall be established under the jurisdiction of the Director of the National Intelligence Service to facilitate the sharing of counterintelligence-related information among counterintelligence agencies or between counterintelligence agencies and relevant agencies and to efficiently perform counterintelligence affairs under Article 3. <Amended on Dec. 31, 2020; Apr. 23, 2024>
(2) The National Counterintelligence Integration Center under paragraph (1) shall perform the following business affairs: <Added on Apr. 23, 2024>
1. Establishment and operation of a platform for the smooth sharing of counterintelligence-related information among counterintelligence agencies or between counterintelligence agencies and relevant agencies;
2. Analysis and evaluation of counterintelligence-related information and support for counterintelligence agencies’ response to intelligence activities of foreign countries, etc.;
3. Analysis and handling of reports, information, etc. related to counterintelligence;
4. Other business affairs deemed necessary by the Director of the National Intelligence Service to perform counterintelligence affairs.
(3) Matters regarding the organization and operation of the National Counterintelligence Integration Center under paragraph (1) may be prescribed by the basic guidelines under Article 6. <Amended on Dec. 31, 2020; Apr. 23, 2024>
(4) The Director of the National Intelligence Service may, if necessary for the operation of the National Counterintelligence Integration Center under paragraph (1), request the heads of counterintelligence agencies and relevant agencies (hereinafter referred to as "counterintelligence agency, etc.") to cooperate in the following matters: <Amended on Dec. 31, 2020; Apr. 23, 2024>
1. Support for human resources, such as dispatch of public officials under their jurisdiction;
2. Sharing of the following information:
(a) Information on persons and organizations involved in intelligence activities of foreign countries, etc.;
(b) Information for detecting and blocking intelligence activities of foreign countries, etc. in advance;
(c) Other information necessary for joint response of counterintelligence agencies, etc.
Article 5(Planning and coordination of counterintelligence affairs) #
(1) The Director of the National Intelligence Service shall plan policies on counterintelligence affairs and, if necessary for the integrated performance of counterintelligence affairs, rationally coordinate counterintelligence affairs of counterintelligence agencies, etc. within the scope prescribed by this Decree and relevant statutes or regulations. <Amended on Dec. 31, 2020>
(2) If the Director of the National Intelligence Service coordinates counterintelligence affairs under paragraph (1), he or she shall directly coordinate important matters that have a significant impact on national security, and shall coordinate other matters, as prescribed by the guidelines under Article 6.
Article 6(Formulation of national counterintelligence affairs guidelines) #
(1) The Director of the National Intelligence Service shall formulate basic guidelines for national counterintelligence affairs (hereinafter referred to as "basic guidelines") in order to efficiently perform national counterintelligence affairs and send them to the heads of counterintelligence agencies, etc.
(2) The basic guidelines shall include the following matters:
1. Matters regarding basic objectives and strategies of counterintelligence affairs;
2. Matters regarding cooperation among counterintelligence agencies, etc. in counterintelligence affairs;
3. Other matters necessary for the smooth performance of national counterintelligence affairs.
(3) The Director of the National Intelligence Service shall formulate an annual implementation plan (hereinafter referred to as "annual plan") for the performance of counterintelligence affairs for the following year in accordance with the basic guidelines and send it to the heads of counterintelligence agencies, etc. <Amended on Dec. 31, 2020>
(4) The head of a counterintelligence agency, etc. in receipt of an annual plan from the Director of the National Intelligence Service pursuant to paragraph (3) shall formulate and implement a counterintelligence affairs plan of the agency for the relevant year in accordance with the annual plan. <Amended on Dec. 31, 2020>
(5) The head of a counterintelligence agency, etc. shall send the results of performing counterintelligence affairs of the relevant agency to the Director of the National Intelligence Service by November 30 of each year in accordance with the counterintelligence affairs plan under paragraph (4). <Added on Dec. 31, 2020>
Article 7(Protection of national secrets in case of contact with foreigners) #
(1) When a member of a counterintelligence agency, etc. visits a foreign country or contacts a foreigner, he or she shall be careful not to divulge national secrets, industrial technology, or important policy matters related to national security or national interest (hereinafter referred to as "national secrets, etc.").
(2) The head of a counterintelligence agency, etc., shall formulate and implement regulations on matters necessary to prevent the risk of leakage of national secrets, etc. that may occur when members of the agency come into contact with foreigners, taking into account the nature of the agency's business affairs.
(3) The head of a counterintelligence agency, etc. may designate an employee exclusively in charge of the business affairs referred to in paragraphs (1) and (2) from among its members. <Added on Nov. 20, 2018>
Article 8(Reporting of unusual matters when contacting foreigners) #
(1) If a member of a counterintelligence agency, etc. (including civilian members of a committee belonging to a counterintelligence agency, etc.; hereafter in this Article the same shall apply) comes into contact with a foreigner (including Korean nationals used by a foreign intelligence or investigative agency under Article 9 for intelligence activities; hereafter in this Article the same shall apply) and if there is a reasonable ground to suspect that the foreigner falls under any of the following subparagraphs, such member shall report the fact to the head of the counterintelligence agency, etc. to which he or she belongs without delay, and the head of the relevant counterintelligence agency, etc. shall notify the Director of the National Intelligence Service of the details of the report: <Amended on Nov. 20, 2018; Apr. 23, 2024>
1. Where a foreigner coming into contact with him or her tries to detect or collect national secrets, etc. or other information related to national security and national interests;
2. Where a foreigner coming into contact with him or her tries to use a member of a counterintelligence agency, etc. for intelligence activities;
3. Where a foreigner coming into contact with him or her is engaged in activities that infringe on national security or national interests.
(2) Notwithstanding paragraph (1), the head of a counterintelligence agency need not give a notice, if deemed necessary in connection with the performance of duties under statutes or regulations.
(3) If the Director of the National Intelligence Service in receipt of notice under paragraph (1) deems it necessary for the efficient performance of counterintelligence affairs, he or she shall prepare the facts notified or related analysis data and distribute them to the heads of counterintelligence agencies, etc.
(4) If the details of a report filed under paragraph (1) are deemed to have contributed to national security and counterintelligence affairs, the Director of the National Intelligence Service may give an award to the reporter in accordance with the Government Regulations on Official Commendation or may pay a monetary award as determined by the Director of the National Intelligence Service. <Amended on Nov. 20, 2018>
Article 9(Procedures for contacting members of foreign intelligence or investigative agencies) #
(1) If a member of a counterintelligence agency, etc. intends to contact a member of a foreign intelligence or investigative agency (referring to an agency established by a specific country for the primary purpose of intelligence activities and investigations in another country; hereinafter the same shall apply) for any purpose other than performing his or her duties under statutes or regulations, he or she shall file a pre-contact report with the head of the counterintelligence agency, etc. to which he or she belongs, and the head of the relevant counterintelligence agency, etc. shall notify the Director of the National Intelligence Service of the details thereof.
(2) Notwithstanding paragraph (1), if a member of a counterintelligence agency, etc. fails to file a pre-contact report due to any unavoidable cause, he or she shall immediately report it to the head of the counterintelligence agency, etc. to which he or she belongs after contacting a member of a foreign intelligence or investigative agency, and the head of the relevant counterintelligence agency, etc. shall notify the Director of the National Intelligence Service of the details thereof.
(3) If a member of a counterintelligence agency, etc. fails to fulfill the duty to report under paragraphs (1) and (2), the head of the relevant agency, etc. may determine detailed matters for issuing an order to take necessary dispositions or measures.
[This Article Wholly Amended on Apr. 23, 2024]
Article 9-2(Exchange and cooperation with foreign intelligence and investigative agencies) #
A counterintelligence agency may exchange and cooperate with foreign intelligence and investigative agencies to perform counterintelligence affairs.
[This Article Added on Apr. 23, 2024]
Article 10(Establishment and operation of National Counterintelligence Strategy Council) #
(1) A National Counterintelligence Strategy Council (hereinafter referred to as "Strategy Council") shall be established under the jurisdiction of the Director of the National Intelligence Service to deliberate on important matters regarding national counterintelligence affairs.
(2) The Strategy Council shall be comprised of up to 25 members, including 1 chairperson. <Amended on Nov. 20, 2018>
(3) The Director of the National Intelligence Service shall become the chairperson of the Strategy Council, and the following public officials shall become members of the Strategy Council: <Amended on Nov. 20, 2018; Nov. 1, 2022; Nov. 29, 2022; Apr. 23, 2024>
1. Vice Minister-level public officials of the Ministry of Economy and Finance, the Ministry of Education, the Ministry of Science and ICT, the Ministry of Foreign Affairs, the Ministry of Unification, the Ministry of Justice, the Ministry of the Interior and Safety, the Ministry of Trade, Industry and Energy, the Ministry of SMEs and Startups, the National Security Office, and the Office for Government Policy Coordination (if there are at least 2 Vice Minister-level public officials, referring to the Vice Minister-level public official designated by the head of the relevant agency);
1-2. The Vice Mayor for Administrative Affairs designated by the Special Metropolitan City Mayor from among Vice Mayors for Administrative Affairs of the Seoul Metropolitan Government;
2. The Vice Administrator of the Ministry of Personnel Management, the Korea Customs Service, the Defense Acquisition Program Administration, the Korean National Police Agency, the Korean Intellectual Property Office, and the Korea Coast Guard;
3. The head of the Defense Intelligence Agency and the Commander of the Defense Counterintelligence Command;
4. Public officials affiliated with the National Intelligence Service, as designated by the chairperson of the Strategy Council;
5. Public officials belonging to relevant agencies, as designated by the chairperson of the Strategy Council after consultation with the heads of relevant agencies.
(4) The chairperson of the Strategy Council shall convene and preside over its meetings.
(5) A majority of the members of the Strategy Council shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.
Article 11(Establishment and operation of National Counterintelligence Strategy Working Council) #
(1) In order to efficiently operate the Strategy Council, a National Counterintelligence Strategy Working Council (hereinafter referred to as "Working Council") shall be established under the Strategy Council.
(2) The Working Council shall be comprised of up to 25 members, including 1 chairperson. <Amended on Nov. 20, 2018>
(3) The head of the department at the level of Deputy Minister or Director General in charge of counterintelligence affairs of the National Intelligence Service shall become the chairperson of the Working Council, and public officials belonging to the Senior Executive Service of the agency to which the members of the Strategy Council belong or public officials equivalent thereto shall become members of the Working Council.
(4) The Working Council may review and coordinate in advance agenda items to be deliberated upon by the Strategy Council, and deliberate on the following matters and report the results thereof to the Strategy Council:
1. Matters regarding the establishment and implementation of measures for current issues of national counterintelligence;
2. Implementation plans for policies, etc. determined through deliberation and resolution by the Strategy Council;
3. Matters for deliberation, as delegated by the Strategy Council;
4. Other matters regarding counterintelligence affairs referred by the chairperson of the Working Council to the meetings of the Working Council.
(5) Except as provided in paragraphs (1) through (4), matters necessary for the operation of the Working Council shall be determined by the Director of the National Intelligence Service.
Article 12(Establishment and operation of Regional Counterintelligence Council) #
(1) The Director of the National Intelligence Service may, if necessary, organize and operate a regional counterintelligence council for the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province, respectively, to consult on counterintelligence affairs, following consultation with the heads of counterintelligence agencies.
(2) Matters necessary for the operation, etc. of a regional counterintelligence council under paragraph (1) shall be determined by the Director of the National Intelligence Service following deliberation and resolution by the regional counterintelligence council.
Article 13(Counterintelligence education) #
(1) The head of a counterintelligence agency, etc. shall formulate and implement a plan for counterintelligence education necessary for members of the agency to efficiently respond to intelligence activities of foreign countries, etc. in connection with the performance of the business affairs of the relevant agency. <Amended on Dec. 31, 2020>
(2) The head of a counterintelligence agency, etc. may entrust the counterintelligence education for its members under paragraph (1) to the Director of the National Intelligence Service, if necessary.
Article 14(Prohibition of unreasonable restrictions on contact with foreigners) #
The head of a counterintelligence agency, etc. shall not unreasonably restrict the contact of its members with foreigners in consideration that the purpose of this Decree is to protect the national security and national interests of the Republic of Korea from intelligence activities of foreign countries, etc. <Amended on Dec. 31, 2020>
Article 15(Public relations) #
The head of a counterintelligence agency shall endeavor to promote the citizens' understanding of counterintelligence affairs under his or her jurisdiction through public relations.
Article 15-2(Reporting and awards) #
The Director of the National Intelligence Service may pay a monetary award (including goods) or award an official commendation to a person who gives information or files a report, etc. helpful in performing counterintelligence affairs.
[This Article Added on Apr. 23, 2024]
Article 16(Processing of sensitive information) #
(1) The Director of the National Intelligence Service may process sensitive information under Article 23 of the Personal Information Protection Act, personally identifiable information under Article 24 of that Act, personal information taken by a fixed image data processing device under Article 25 of that Act, and personal information taken by a mobile image data processing device under Article 25-2 of that Act (hereinafter referred to as "sensitive information, etc."), if it is inevitable for performing the following business affairs:
1. Investigation for the collection, preparation, and distribution of counterintelligence-related information under Article 5 (2) of the National Intelligence Service Korea Act;
2. Counterintelligence affairs under subparagraphs 1, 2, 2-2, 4, and 5 of Article 3 (excluding counterintelligence affairs related to subparagraph 3);
3. Operation of the National Counterintelligence Integration Center under Article 4-2 (1).
(2) The head of a counterintelligence agency, other than the National Intelligence Service, may manage sensitive information, etc. where it is inevitable to perform the business affairs provided in subparagraphs 1, 2, 2-2, 4, and 5 of Article 3 (excluding the counterintelligence affairs related to subparagraph 3).
(3) If it is unavoidable to perform the business affairs classified as follows, the head of the counterintelligence agency may request national agencies, local governments, public institutions, corporations, organizations, or individuals who process sensitive information, etc. to provide sensitive information, etc.:
1. The Director of the National Intelligence Service: Business affairs referred to in the subparagraphs of paragraph (1);
2. The head of a counterintelligence agency other than the National Intelligence Service: Business affairs provided in subparagraphs 1, 2, 2-2, 4, and 5 of Article 3 (excluding counterintelligence affairs related to subparagraph 3).
[This Article Wholly Amended on Apr. 23, 2024]