Database

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KOREA

Since January 1957, as amended in 2006, last amended in December 2022

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

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

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

KOREA

Reported in 2018, last reported in 2024

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Korea has a telecommunications authority: the Korea Media and Communications Commission. However, it is reported that the decision making process of this entity is not fully independent from the government.
Coverage Telecommunications sector

KOREA

Since December 2018

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Regulations on Electronic Financial Supervisory Regulations (전자금융감독규정)
The Electronic Financial Supervisory Regulations mandate that financial services using cloud services for credit information and unique identification details (such as resident registration numbers, driver’s licence numbers, passport numbers, and alien registration numbers) must process this data locally (Art. 14.2). Financial companies and electronic financial business operators are required to use cloud systems located in Korea to process personal credit information and unique identification information. This provision was inserted as part of an amendment in December of 2018.
Coverage Financial services

KOREA

Since January 2005
Since June 2014

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Act on the Protection, Use, etc. of Location Information (Act No. 7372 of 27 January 2005) (위치정보의보호및이용등에관한법률)

Act on the Establishment, Management of Spatial Data (공간정보의 구축 및 관리 등에 관한 법률)
Per Art. 5 of the Act on the Protection, Use, Etc. of Location Information, any person who intends to engage in location information business shall obtain permission from the Korea Communications Commission. Even if permitted to do such business, location information providers or location-based service providers cannot collect the location information of individuals without the individual's consent under Art. 18. These restrictions have been in place since 2005.
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.
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

KOREA

Since December 2023

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing 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 and Appendix 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, the law 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 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

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