Defense Ministry proposes rules to formally ban activity monitoring after disbanding counterintelligence command

South Korea is moving to formally codify a ban on activity monitoring and personnel intelligence gathering by the new Defense Counterintelligence Headquarters, which will replace the disbanded Defense Counterintelligence Command. The measure is intended to prevent the new body from accumulating political influence, though concerns have been raised that separating intelligence and investigative functions could reduce operational efficiency.

The Ministry of National Defense on Thursday announced a legislative notice for five subordinate decree proposals, including a decree to abolish the Defense Counterintelligence Command and a separate decree to establish the Defense Counterintelligence Headquarters. The public comment period runs through July 13.

The centerpiece of the proposed headquarters decree is an outright prohibition on activity monitoring and personnel intelligence collection. Activity monitoring is defined as gathering, analyzing and distributing information related to unit management, training and combat readiness — including that of commanding officers. Personnel intelligence collection is defined as gathering and analyzing personal information about individuals not directly related to counterintelligence duties, including changes in personal circumstances, personal relationships and peer assessments.

Both functions have long been cited as the basis for allegations of power abuse and political interference by the command. When the government announced the command's disbandment on June 10, it said those functions would be eliminated. The new decree formalizes that commitment by enshrining an explicit prohibition in law.

The headquarters' intelligence-gathering scope will also be limited to the minimum necessary. Intelligence activities targeting the Ministry of National Defense, the Defense Acquisition Program Administration, the Military Manpower Administration, the individual service branches and defense industry companies will be strictly controlled. Collected intelligence may be used only for verification, education, information sharing, disciplinary referrals, investigative referrals and inter-agency cooperation. Any evidence of illegal activity or misconduct must be immediately transferred to the relevant authorities.

Oversight mechanisms will also be strengthened. Personnel assigned to the headquarters will receive regular training on respecting the constitutional order, protecting civil liberties and maintaining political neutrality. At least 50 percent of the headquarters' authorized positions will be filled by civilian defense employees, a measure aimed at reducing the insularity of a purely military organization. The headquarters will operate under a two-deputy structure, with the first deputy overseeing counterintelligence and counterterrorism intelligence and the second handling defense industry and cybersecurity.

Some observers have raised concerns that separating intelligence collection from investigative functions could slow the handoff of gathered intelligence to investigators. The debate over operational efficiency is expected to continue alongside the reform's stated goals of preventing power abuse and protecting civil liberties.

Meanwhile, security investigation functions and joint investigative authority during martial law will be transferred to the Ministry of National Defense's Investigation Headquarters. Proposed amendments to the Investigation Headquarters decree, also announced Thursday, include a provision allowing the headquarters to investigate counterintelligence personnel who conduct intelligence activities outside their authorized scope, strengthening checks on the new body.