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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 December 1986, as amended in December 2008, last amended in June 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Foreign Trade Act (대외무역법)
Since 2008, the Foreign Trade Act has required a license prior to the export of strategic goods. These items include dual-use items. Among them, electronics (category 3), computers (category 4), telecommunications and information security (category 5), and sensors and lasers (category 6) are relevant to digital goods. These categories are controlled by the Ministry of Trade, Investment, and Energy.
Coverage Strategic goods

KOREA

Reported in 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Export ban on strategic goods
On 28 February 2022, the South Korean Ministry of Economy and Finance (MOEF) introduced export bans on "strategic goods" to Russia. These strategic goods are classified into two categories: "dual-use" and "military use." Among the dual-use items are ICT goods such as machines and apparatus primarily used for the manufacture of semiconductor boules or wafers, semiconductor devices, and electronic integrated circuits. Other items included in the ban are telephone sets, including those for cellular networks or other wireless networks, among others.
Coverage Strategic goods

KOREA

N/A

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Electrical Appliances Safety Control Act (전기용품 및 생활용품 안전관리법)
The Electrical Appliances Safety Control Act authorises the Korean Agency for Technology and Standards to develop safety certification schemes for the import of electronic appliances. The agency has created three certification schemes: KC Safety Certification, KC Safety Confirmation, and SDoC.
The requirements are the following:
- Type 1 products must go through a certification procedure that includes factory inspection (initial and regular) with mandatory product testing every two years in order to get KC Certification. Type 1 products include electric wire, cords, switches for electrical appliances, motor-oriented electric tools, breakers, insulated transformers, and lighting appliances;
- Type 2 products, which are considered less dangerous, must overcome certification procedures that include safety testing without factory inspection. Type 2 products include electric switches, electric appliances, audio and video electronic apparatus, lighting appliances, insulated transformers, and information technology equipment;
- Type 3 products are qualified to be clear of mandatory certification procedures with a showing of SDoC. Except for products that qualify for SDoC, the other two methods, which include local testing, could be burdensome. Type 3 products include fluorescent lamp starters, DC power supplies, and electric chargers connected to the electric appliances, as well as some electric appliances, audio and video electronic apparatus, and information technology equipment.
Coverage Electrical appliances

KOREA

Since 2010

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Radio Wave Act (전파법)
The Ministry of Science, ICT & Future Planning (MSIP) is an authority that conducts EMC and wireless communication certification. KC certification is issued by Korea’s National Radio Research Agency (RRA) and requires testing at an RRA-approved laboratory. There are three mandatory certification mechanisms for imported broadcasting and communications equipment to test the safety of radio waves (Art. 58-2):
- Certain equipment must receive a certification of conformity from the Ministry of Science, ICT and Future Planning after undergoing a test by a designated third-party laboratory. Such equipment includes wireless telephone alarm automatic receiver, radar equipment for ships, telephone, and modem;
- Equipment that is not subject to this certification may come in only with a showing of confirmation that verifies the compatibility after undergoing a test either by a designated third-party testing body or self-tests. The equipment that falls in this category includes Computing devices and peripherals, broadcasting set-top boxes, measuring instruments, industrial devices, and connectors.
- Equipment that is not subject to either of these schemes must have interim conformity after passing a test showing conformity with domestic or international standards. Equipment that is newly developed but whose conformity assessment criteria have yet to be developed falls in this category.
Korea has entered into a mutual recognition arrangement with the United States, Canada, EU, Vietnam, and Chile. However, except for Canada, the import of broadcasting and communications equipment from other countries must still receive certification of conformity from the South Korean government, even if a conformity test has been conducted in the exporting countries.
Coverage Broadcasting and communications equipment

KOREA

Since March 2011, last amended in March 2023

Pillar Domestic data policies  |  Indicator Framework for data protection
Personal Information Protection Act No. 10465 (개인정보 보호법)
The Personal Information Protection Act, which was enacted in 2011 and recently amended in 2020, provides a comprehensive framework for data protection in Korea.
Coverage Horizontal

KOREA

Since 1994

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Enforcement Decree of Protection of Communications Secrets Act (통신비밀보호법 시행령)
Per Art. 41 of the Enforcement Decree of Protection of Communications Secrets Act, telecoms or internet infrastructure operators should retain for 12 months the following:
- the date of the telecommunication, the commencement time and end time of the telecommunication, the communications number of outgoing and incoming calls, the frequency of use, and the location data for 12 months (six months in case of long-distance calls and local call services); and
- the log records of users and the location data for three months.
This requirement has been in place since the Act's enactment in 1994.
Coverage Telecommunications services

KOREA

Since 2009, last amended in July 2020

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Credit Information Use and Protection Act (신용정보법)
Under Art. 20 of the Credit Information Use and Protection Act, credit information companies are required to maintain the following information for three years:
- the name and address of the customer and the entity whom the personal information was provided to or exchanged with,
- the details of the work scope requested by the customer and the data thereof, and
- the processing details of the requested work scope and the date and details of the credit information provided.
Furthermore, Art. 20-2 provides that all credit information be deleted by the date that is the earlier of five years from the termination of the financial transaction and three months from the date on which the purpose for collecting and providing personal information has been achieved.
Coverage Financial services

KOREA

Since 2006

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Enforcement Decree of Electronic Financial Transactions Act (전자금융거래법 시행령)
Enforcement Decree of the Electronic Financial Transactions Act provides under Art. 12 that a subsidiary electronic financial company, such as a payment gateway system that records and transmits electronic transaction information, must keep the records for at least three years. This affects not only payment gateway service providers but also electronic commerce firms that utilise the services. This retention period requirement has been in place since its enactment in 2006.
Coverage Payment gateway services

KOREA

Since March 2011, last amended in March 2023

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Personal Information Protection Act No. 10465 (개인정보 보호법)
Under the Personal Information Protection Act, data controllers must appoint a privacy officer who comprehensively takes charge of personal information processing (Art. 31). The requirement has been in place since its enactment in 2011.
Coverage Horizontal

KOREA

Since January 1957, last amended in December 2022
Since September 2018

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Copyright Act (저작권법)

Act on Promotion of Information and Communications Network Utilization and Information Protection etc (정보통신망 이용촉진 및 정보보호 등에 관한 법률)
The Copyright Act, since its 2006 amendment, has established a safe harbour regime for intermediaries, exempting Internet Service Providers (ISPs) from liability for copyright infringement when acting as mere conduits, caching, hosting, or searching information (Art. 102). ISPs are also not liable for users' infringing acts if it is technically impossible for them to take preventive measures. Additionally, Art. 122-2 of the Act led to the creation of the Korean Copyright Protection Agency (KCOPA) in 2016, which, under Art. 133-3, is empowered to investigate networks for illegal reproductions and apply corrective measures such as issuing warnings, suppressing or suspending transmissions, and suspending repeat infringers' accounts. KCOPA can also request the blocking of access to foreign websites involved in copyright infringement, as per Art. 44-7 of the Law on the Promotion of the Use of Information and Communications Networks and Information Protection.
Coverage Internet host services

KOREA

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Korea's law and jurisprudence.
Coverage Internet intermediaries

KOREA

Since April 2006

Pillar Intermediary liability  |  Indicator User identity requirement
Game Industry Promotion Act (게임산업진흥에 관한 법률)

Law No. 10879 (법률 제10879호)
According to Arts. 12-3 of the Game Industry Promotion Act, users are required to verify the real names and ages of users of game products when they join as members and self-authenticate. This requirement has been in place since 2011 as part of the amendment of the Game Industry Promotion Act through Law No. 10879 of July 2011.
Coverage Gaming industry

KOREA

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Indicator User identity requirement
Mandatory SIM card registration
It is reported that Korea imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector

KOREA

Since December 2023

Pillar Cross-border data policies  |  Indicator Infrastructure requirement
Ministry of Health and Welfare Notice No. 2023-245 - Standards for facilities and equipment necessary for management and preservation of electronic medical records ( 보건복지부고시 제2023-245호 - 전자의무기록의 관리·보존에 필요한 시설과 장비에 관한 기준)
In accordance with Art. 7 of the Ministry of Health and Welfare Notice No. 2023-245 on the Standards for Facilities and Equipment for Managing and Storing Hospital-Generated Electronic Medical Records, cloud servers storing patient electronic medical records created by hospitals must be situated in South Korea. Additionally, Art. 9 mandates that the Ministry of Health and Welfare shall issue an official notification every three years outlining the requirements for servers, including backup servers, used to store these records. Currently, these servers must be physically located in South Korea, and accessing medical records from outside the country is prohibited.
Coverage Health sector

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