Two Chinese nationals were apprehended Thursday while filming U.S. fighter jets outside Osan Air Base in South Korea, the second time the pair were detained this week for doing the same thing.
The Gyeonggi Nambu Provincial Police Agency said the U.S. Army reported the pair, whose names were not released, after spotting them taking photos near the air base, which is home to the 51st Fighter Wing, The Korea Times reported.
Police apprehended the two and confirmed they had been caught in the same area Monday for doing the same thing. At the time, police, in coordination with South Korea's National Intelligence Service and Defense Counterintelligence Command, found no signs of espionage and closed the case just eight hours after the two were detained.
A similar conclusion was reached in Wednesday's incident, the Times reported. The two were reportedly released without charges after police determined no law had been broken, as they only photographed aircraft in the sky. Under South Korean law, taking photos of aircraft flying outside designated security zones is not a criminal offense.
This is not the first time Chinese nationals have been caught photographing military facilities in South Korea. Earlier this month, two Chinese teenagers were detained on suspicion of illegally photographing fighter jets during takeoff and landing using cameras and smartphones.
They were caught by police in Suwon, Gyeonggi Province, which is home to the South Korea Air Force's 10th Fighter Wing. The base plays a key role in defending the airspace over the Seoul metropolitan area. Authorities later discovered the teenagers took thousands of photos not only there but also at four major South Korean and U.S. military facilities, including Osan Air Base; Camp Humphreys in Pyeongtaek; and the South Korea Air Force base in Cheongju, North Chungcheong Province.
Police said one of the teenagers claimed his father works for China's public security bureau, the Times reported. Although no evidence has emerged to confirm involvement by the Chinese government, prosecution under espionage charges would be difficult in such cases.
Espionage is punishable by death, life imprisonment, or at least seven years in prison in South Korea — but only if the acts were carried out for the enemy; and under the law, that term refers exclusively to North Korea, the Times reported. For a country to be legally recognized as an enemy state, it must be in a state of war with South Korea — a condition that applies only to North Korea. This means that espionage on behalf of any other country, including China, is not subject to the same charge.