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
Sources
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
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 June 2014
Pillar Cross-border data policies |
Indicator Conditional flow regime
Act on the Establishment, Management of Spatial Data (공간정보의 구축 및 관리 등에 관한 법률)
Art. 16 of Act on the Establishment, Management of Spatial Data provides that geographical data related to maps or photos produced for the purpose of a survey cannot be transferred abroad except with the permission of the Minister of Land, Infrastructure and Transport. This provision has been in place since 2014.
Coverage Location-based services
Sources
- https://web.archive.org/web/20241127194621/https://faolex.fao.org/docs/pdf/kor167262.pdf
- https://web.archive.org/web/20241127194740/https://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=228499&ancYd=20210112&ancNo=17893&efYd=20220113&nwJoYnInfo=N&efGubun=Y&chrClsCd=010202&ancYnChk=0#0000
- https://elaw.klri.re.kr/eng_service/lawView.do?hseq=32771&lang
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KOREA
Since March 2011, last amended in March 2023
Pillar Cross-border data policies |
Indicator Conditional flow regime
Personal Information Protection Act No. 10465 (개인정보 보호법)
Art. 28-8 of the Personal Information Protection Act prohibits any transfer of personal information overseas by a personal information manager unless it is in any of the following cases: (i) where a separate consent for overseas transfer has been obtained from the data subject; (ii) where there exist special provisions in a statute, a treaty or other international conventions to which the Republic of Korea is a party; or (iii) where it is necessary to delegate the processing of, or retain, personal information in order to execute and perform a contract with a data subject, and the matters to be informed to the data subject when obtaining his/her consent to overseas transfer have been informed to the data subject or have been disclosed in the personal information manager privacy policy; (iv) where the recipient of personal information has obtained certification determined and publicly notified by the Personal Information Protection Commission (PIPC) and has implemented certain measures to protect personal information; or (v) where the PIPC has recognised that the country or the international organization to where the personal information is transferred has the personal information protection system, etc. that are substantially equal to the level of those under the Personal Information Protection Act. The personal information manager shall also take certain technical, managerial and physical protection measures.
Coverage Horizontal
KOREA
Since 2009, as amended in July 2020
Pillar Cross-border data policies |
Indicator Conditional flow regime
Credit Information Use and Protection Act (신용정보법)
According to Art. 32 of the Credit Information Act, the credit information provider/user should obtain the prior consent of the customer in writing or by other reliable means each time it provides to a third party or uses personal credit information (including any personally identifiable information) of a customer. When the credit information provider/user obtains consent to the provision (i.e. sharing) and utilisation of personal credit information, it should notify the customer of: the recipient of the information; the purpose of provision; the content of information; the duration of maintenance; and use by the recipient. Furthermore, a separate explanation to the customer is required with respect to the mandatory items of personal data that must be provided for the provision of the services and other optional items of personal data, and consent must be obtained. In such cases, as to the mandatory items, the credit information provider/user must explain their relevance to the service provision. Art. 32 requires the credit information provider/user to notify the customer that they may opt not to consent to the provision of any optional data that may be collected.
The Act established that financial institutions are required to obtain consent of individuals only if the use of personal information "conflict[s] with the original purpose of the collection." Thus, under this regime, a financial institution may "entrust" personal information to a third party but may not "supply" it. Supplying and entrusting are terms of art under the Act. "Supplying" means transferring personal information for the transferee's own purpose, whereas "entrusting" means transferring personal information to a third party to help carry out the purpose of the original data collection.
The Act established that financial institutions are required to obtain consent of individuals only if the use of personal information "conflict[s] with the original purpose of the collection." Thus, under this regime, a financial institution may "entrust" personal information to a third party but may not "supply" it. Supplying and entrusting are terms of art under the Act. "Supplying" means transferring personal information for the transferee's own purpose, whereas "entrusting" means transferring personal information to a third party to help carry out the purpose of the original data collection.
Coverage Financial services
Sources
- https://web.archive.org/web/20210505220910/https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EC%8B%A0%EC%9A%A9%EC%A0%95%EB%B3%B4%EC%9D%98%20%EC%9D%B4%EC%9A%A9%20%EB%B0%8F%20%EB%B3%B4%ED%98%B8%EC%97%90%20%EA%B...
- https://web.archive.org/web/20231129015750/https://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=46276&type=part&key=23
- https://web.archive.org/web/20240629185411/https://www.lexology.com/library/detail.aspx?g=0b7bb83a-0b93-4f64-b3d0-552aedbf3c07
- https://www.dataguidance.com/notes/south-korea-data-transfers
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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 ratified 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 ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
KOREA
Since December 1961, entry into force in January 1962, last in amended 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
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that Korea has no obligation for passive infrastructure sharing in the country to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
KOREA
Since December 1984, last amended in June 2022
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Telecommunications Business Act (전기통신사업법)
The Telecommunications Business Act regulates licenses for network equipment and creates rules for the fair use of telecom facilities. Per Art. 8, foreign corporations cannot operate facilities-based telecom business in the country. Foreign ownership is allowed only up to 49% of the stock.
Coverage Telecommunications sector
Sources
- https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EC%A0%84%EA%B8%B0%ED%86%B5%EC%8B%A0%EC%82%AC%EC%97%85%EB%B2%95
- https://web.archive.org/web/20231129015953/https://elaw.klri.re.kr/eng_service/lawView.do?hseq=50189&lang=ENG
- https://web.archive.org/web/20221115152659/https://iclg.com/practice-areas/telecoms-media-and-internet-laws-and-regulations/korea
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KOREA
Since December 1984, last amended in June 2022
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Telecommunications Business Act (전기통신사업법)
Under the Telecommunications Business Act, telecommunications businesses are divided into two categories: namely, facilities-based telecommunications services (FTS) and value-added telecommunications services (VATS). FTS refers to businesses that install telecommunications line equipment and facilities and provide telecom services. VATS are online services using the FTS network, such as cloud computing services, email, e-commerce platforms, and internet search engines. Since 2009, the Act has prohibited foreigners from owning more than 49% of the stock of a telecom enterprise when it comes to FTS (Art. 8).
Coverage Telecommunications sector
KOREA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of functional separation
Korea does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required in certain cases: According to the Telecommunications Business Act, accounting is mandated for facilities-based telecommunications business operators who possess telecommunication service equipment and whose telecommunications service turnover of the preceding year exceeds 30 billion won (approx. 22.5 million USD), and for facilities-based telecommunications business operators who do not possess telecommunication service equipment and whose telecommunications service turnover of the preceding year exceeds 80 billion won (approx. 60.2 million USD).
Coverage Telecommunications sector
KOREA
Since April 1994
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Korea has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://www.wto.org/english/tratop_e/serv_e/telecom_e/sc48.pdf
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
- https://web.archive.org/web/20220119043046/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
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KOREA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Korea Communications Commission, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
