The National Intelligence Service (NIS) is moving to strengthen its intelligence-gathering functions related to insurrection, foreign aggression, and rebellion crimes following the December 3 martial law incident.
The measure is interpreted as effectively delegating intelligence collection authority to the NIS to prevent organized evidence destruction or concealment by power institutions or military units involved in such cases.
The NIS announced a partial amendment to the "Regulations on Response to Security-Threatening Crimes and Activities" on Wednesday.
Regarding the background of the revision, the NIS stated, "Following the December 3 martial law incident, there is a need to activate related NIS functions to prevent recurrence of similar cases. We are specifying matters necessary for performing related duties to enable faster response and prevention."
The core of the amendment requires heads of relevant agencies to provide information without delay when the NIS director requests intelligence on insurrection, foreign aggression, or rebellion crimes, unless there is justifiable reason for refusal.
The revision also establishes a new legal basis allowing the NIS director to request access for NIS agents to facilities including military bases when necessary for response operations related to insurrection, foreign aggression, or rebellion crimes.
Currently, the NIS is the sole agency conducting intelligence collection on insurrection and foreign aggression crimes under the Criminal Act, and rebellion crimes under the Military Criminal Act, pursuant to the National Intelligence Service Act.
Meanwhile, regarding the provision for NIS agent access to military bases, the NIS consulted the Ministry of National Defense in advance. The ministry reportedly responded that it agrees to the amendment of subordinate regulations, given that the current NIS Act (Article 5) requires government agencies to cooperate with NIS fact-finding inquiries unless there is justifiable reason.
Some critics point out that this represents an expansion of authority that opens possibilities for NIS intervention in cases related to insurrection, foreign aggression, and rebellion crimes.
Experts note, "This revision expands NIS authority, and particularly the provision for free access to military bases raises concerns about potential interference with military investigative bodies."
However, the NIS does not become a direct investigating entity. Investigative authority over such cases remains divided between the police and military.