Database

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KOREA

Since November 1987, as amended in December 2009, last amended in December 2021

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Act on the Promotion of Newspapers, Etc. (신문 등의 진흥에 관한 법률)
Under Art. 13 of the Act on the Promotion of Newspapers, a person who is not a national of Korea shall not be qualified as a publisher or editor of an online newspaper or as a news article layout manager of an online news service. This requirement has been in place since 2009.
Coverage Online newspapers

KOREA

Since January 2005

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Act on the Protection, Use, etc. of Location Information (Act No. 7372 of 27 January 2005) (위치정보의보호및이용등에관한법률)
Per Art. 5 of the Location Information Use and Protection Act, any person who intends to engage in location information business shall obtain permission from the Korea Communications Commission. According to Art. 18 of the Act, even if permitted to do such business, location information providers or location-based service providers cannot collect location information of individuals without individuals' consent. It is reported that, although a supplier may export location information once acquiring a permit, Korea has never approved such a permit despite numerous applications by foreign suppliers over the past decade.
Coverage Location-based services

KOREA

Since 2008, last amended in 2025

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Internet Multimedia Broadcasting Business Act (인터넷 멀티미디어 방송사업법)
The licensing requirements for Internet multimedia broadcasting are prescribed in Arts. 4 and 18 of the Internet Multimedia Broadcasting Business Act. The term “Internet multimedia broadcasting” refers to a form of broadcasting that provides a variety of content, including data, images, voice, audio signals and electronic commerce services, as well as real-time broadcast programmes, to users through television receivers. This service is delivered by means of a bidirectional Internet protocol operating over a broadband integrated services digital network, which ensures consistency in the quality of service.
Coverage Internet multimedia broadcasting

KOREA

Since February 2022, entry into force in August 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Act on Special Measures for Strengthening and Protecting the Competitiveness of National High-Tech Strategic Industries, Act No. 18813 (국가첨단전략산업 경쟁력 강화 및 보호에 관한 특별조치법, 법률 제18813호)
Art. 13 of Act No. 18813 mandates that companies with national core and strategic technologies, as prescribed in the National Core Technology list, must obtain approval from the Minister of Trade, Industry, and Energy before being acquired by or merging with a foreign company, or entering into a joint venture with one. These are referred to as "National High-Tech Strategic Technology" and include, among others, semiconductor companies.
Coverage "National High-Tech Strategic Technologies"

KOREA

Since January 2023

Pillar Cross-border data policies  |  Indicator Infrastructure requirement
Cloud Security Assurance Program
In January 2023, the Korean Ministry of Science and Technology Information and Communication issued a notice of implementation and adopted an amendment to the Cloud Security Assurance Program (CSAP). Under the amendment, it is reported that, to obtain CSAP certification from the Korea Internet and Security Agency (KISA), a service provider’s cloud computing infrastructure, associated data, backup systems, as well as management and operational personnel, must all be located within Korea.
Coverage Cloud-computing sector

KOREA

Since January 1990, last amended in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Patent Law (법령/특허법)
Under Art. 25 of the Patent Law, non-resident foreigners can only obtain patents if their home countries provide reciprocal treatment to Korean nationals or if a treaty or convention with Korea exists, following the reciprocity principle. Additionally, Art. 5 stipulates that individuals without a domicile or place of business in Korea cannot initiate patent-related procedures or file legal proceedings against administrative decisions unless represented by a patent attorney or agent based in Korea. Finally, Art. 201 requires patent applications to include a Korean translation of key documents, such as the abstract, description of the invention, claims, and titles of drawings, among others.
Coverage Horizontal

KOREA

Since August 1984

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Korea is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

KOREA

Since January 1957, last amended in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Copyright Act (저작권법)
Korea maintains a well‑defined framework of copyright exceptions modelled on the doctrine of fair use, permitting third parties to use copyrighted works lawfully without prior authorisation. Art. 35‑5 (Fair Use of Works) of the Copyright Act provides that such use is permissible where it does not unreasonably prejudice the author’s legitimate interests or conflict with the normal exploitation of the work. In assessing whether a particular use satisfies this standard, the Act requires consideration of the purpose and character of the use, the nature and purpose of the work, the amount and substantiality of the portion used relative to the whole, and the effect of the use on both the existing and potential market or value of the work. Further limitations on authors’ economic rights are set out in Arts. 23 to 35‑4 and 101‑3 to 101‑5 of the Act.
Coverage Horizontal

KOREA

Since March 2004, entry into force in June 2004

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Korea has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

KOREA

Since December 2008, entry into force in March 2009

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Korea has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

KOREA

Since December 1961, entry into force in January 1962, last amended in March 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Unfair Competition Prevention and Trade Secret Protection Act (Act No. 911 of 30 December 1961, as amended up to Act No. 17727 of 22 December 2020) (부정경쟁방지 및 영업비밀보호에 관한 법률)
The Unfair Competition Prevention and Trade Secret Protection Act provides a framework for the effective protection of trade secrets. According to Art.1 of the Act, trade secrets are defined as "information, including a production method, sale method, useful technical or business information for business activity, that is not known publicly, is the subject of considerable effort to maintain its secrecy and has independent economic value. The law (chapter 2) contains provisions for the protection of trade secrets, such as an injunction against infringement, liability for damages, and restoration of reputation.
Coverage Horizontal

KOREA

Reported in 2018, last reported in 2024

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
There is an obligation for passive infrastructure sharing in Korea to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector

KOREA

Since December 1983, as amended in 2010, last amended in 2025

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Telecommunications Business Act (전기통신사업법)
Art. 8.1 of the Telecommunications Business Act stipulates that foreign governments or foreign nationals may collectively hold no more than 49% of the total issued shares of a facilities‑based telecommunications business operator that satisfies the criteria prescribed by Presidential Decree regarding the type, installation area and other characteristics of telecommunications line equipment. Under Art. 2.11, a “facilities‑based telecommunications service” is a service that transmits or receives voice, data, images and similar content without altering their form or substance and leases telecommunications line equipment to enable such transmission or reception, including services such as telephony and Internet connectivity.
Coverage Facilities‑based telecommunications services

KOREA

Reported in 2024

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the government holds an equity stake in the telecommunications firm KT Corporation, with the National Pension Service currently owning 7.77% of the company.
Coverage Telecommunications sector

KOREA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Korea does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation.
Coverage Telecommunications sector

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