Database

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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 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

Since July 1995
Since August 2005
Since May 2009

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Act on Contracts to Which the State is a Party (국가를 당사자로 하는 계약에 관한 법률)

Act on Contracts to Which a Local Government is a Party (지방자치단체를 당사자로 하는 계약에 관한 법률)

Act on Facilitation of Purchase of Small and Medium Enterprise-Manufactured Products and Support for Development of their Markets (중소기업제품 구매촉진 및 판로지원에 관한 법률)
The Act on Contracts to Which the State is a Party excludes, under Art. 4, international bidding for certain public procurement tenders in cases where:
- the procurement is for goods or services required for producing other goods or services intended for sale or resale;
- the products are manufactured by SMEs and purchased in accordance with the Act on Facilitation of Purchase of Small and Medium Enterprise-Manufactured Products and Support for Development of their Markets (Act on SMEs);
- A Presidential Decree prohibits such bidding in line with the Government Procurement Agreement.
This is also confirmed in Art. 5 of the Act on Contracts to Which a Local Government is a Party.
Coverage Horizontal
Sources

KOREA

Since March 2001, as amended in May 2010, last amended in July 2022
Since December 2004
Since December 2015

Pillar Public procurement of ICT goods and online services  |  Indicator Surrender of patents, source code or trade secrets to win public tenders/Restrictions on technology standards for public tenders
Electronic Government Act (전자정부법)

Cryptographic Module Testing and Validation Guidelines (암호모듈 구현 지침)

Cryptographic Module Validation Standards (KS X ISO/IEC 19790:2015)
Under Art. 69 of the Electronic Government Act, enacted in 2001, and Cryptographic Module Testing and Validation Guidelines (Guidelines), promulgated in 2004, the National Intelligence Service (NIS) operates the Korea Cryptographic Module Validation Program (KCMVP). KCMVP validates that software, network (such as VPN and SW USB series), and hardware equipment that deals with non-confidential yet important information comply with the Cryptographic Module Validation Standards, which were amended in 2015. Appropriate encryption standards are developed in Korea, such as ARIA, SEED, LEA, and Hight. It is reported that the lack of recognition of other international encryption standards constitutes a barrier for foreign suppliers.
Under the Guidelines, suppliers of software, networks (such as VPN and SW USB series), and hardware equipment that deals with non-confidential yet important information must also submit the source code of their products to pass the Cryptographic Module Validation Process. It is reported that source code could potentially be required as part of common criteria certification administered by the IT Security Certification Center, a requirement for public procurement of cloud computing services.
Coverage Software, network equipment, and hardware equipment

KOREA

Since December 2020

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Software Promotion Act (소프트웨어진흥법)
According to Art. 48 of the Software Promotion Act, participation in government-led software procurement is limited to SMEs. The Act allows the participation of "large" companies in exceptional circumstances.
Coverage Software

KOREA

Since June 1961, as amended in November 2011, last amended in October 2021
Since March 2001, as amended in May 2010, last amended in July 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
National Intelligence Service Korea Act (국가정보원법)

Electronic Government Act (전자정부법)
As of January 2021, pursuant to Art. 4 of the National Intelligence Service Korea Act (introduced by the amendment - Act No. 11104 - of 2011) and Art. 56 of the Electronic Government Act (introduced by the amendment - Act No. 10012 - of 2010), the National Intelligence Service (NIS) applies the Security Verification Scheme to network equipment and cyber-security software imported for government procurement. Generally, suppliers may satisfy this scheme in two ways: first, cybersecurity software, such as firewalls and intrusion prevention systems, is certified by a Common Criteria Recognition Arrangement (CCRA) accredited lab outside Korea. However, the Common Criteria (CC) certification may not be sufficient for two reasons. First, NIS may substitute the CC certification with other certification mechanisms that were internally developed (e.g., GS Certification). Second, NIS may reject a CC certification when it deems that the certification does not cover particular functions of the product that the government entity needs.
Second, network equipment must undergo a security function test. The equipment that has already passed this test may come in. NIS has recently required some of the cyber-security software that had been subject to the CCRA scheme to pass a security test report conducted by national test agencies. This software includes a software-based security USB (since January 2020), virtualisation product (January 2020), host data leakage prevention product (January 2021), network data leakage prevention product (January 2021), and inter-network data transmission product (January 2022).
There have been reported concerns, starting in 2014, over the additional verification requirement for network equipment, including equipment products that are "not normally considered as 'security' products, such as routers, switches, and IP-PBXs." It is also reported that the NIS has applied the verification scheme "in a non-transparent fashion."
Coverage Network equipment and software

KOREA

Since March 2015
Since 2016

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Act on the Development of Cloud Computing and Protection of Its Users (클라우드컴퓨팅 발전 및 이용자 보호에 관한 법률)

Notice on Protection of information for Cloud Computing Services (클라우드컴퓨팅서비스 정보보호에 관한 기준 고시)
In 2016, the Korea Internet Security Agency (KISA) developed a cloud security certificate (KCSC) system governing public-sector cloud service procurement. This is based on the 2016 Notice on Protection of Information for Cloud Computing Services promulgated pursuant to Art. 23-2 of the Act on the Development of Cloud Computing and Protection of Its Users, which was inserted into the statute in 2015. It is reported that this constitutes a key barrier for cloud service providers because they are unable to meet some requirements for the certification without creating a separate, Korean-unique product.
Coverage Cloud computing services

KOREA

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of coverage of CPC 754 and partial coverage of CPC 752 in the WTO Government Procurement Agreement (GPA)
Korea is a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). Although its commitments include a service sector regarded as central to digital trade, namely computer and related services (CPC 84), they only partially include telecommunication services (CPC 752) and do not include telecommunication‑related services (CPC 754).
Coverage Telecommunications sector

KOREA

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

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
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

Since January 2000, as amended in July 2009
Since January 2009, last amended in July 2011

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Broadcasting Act (방송법)

Internet Multimedia Broadcasting Services Act (IPTV; 인터넷 멀티미디어 방송사업법)
Under Art. 14 of the Broadcasting Act, no foreign ownership is allowed in terrestrial broadcasting businesses or community radio broadcasting entities. Only 20% of foreign ownership is allowed to a program provider engaging in general programming or a CATV relay broadcasting business entity. Up to 49% of foreign ownership is allowed to a CATV broadcasting entity, satellite broadcasting business entity, or a single transmission network business entity. This restriction has been in place since 2009.
Additionally under Art. 9 of the Internet Multimedia Broadcasting Services Act, only up to 49% of foreign ownership is allowed for Internet multimedia broadcasting service providers or Internet multimedia broadcast content business operators. Only up to 20% of foreign ownership is allowed for internet multimedia broadcast content business operators engaged in general programming or specialised programming of news reports. This restriction has been in place since 2009.
Coverage Broadcasting and media services

KOREA

Since September 1998, last amended in January 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Foreign Investment Promotion Act (외국인투자 촉진법)
Since 1998, Art. 4 of the Foreign Investment Promotion Act has provided that the national government has a right to decline a foreign investment if there is clear evidence that this investment poses a threat to the national security or public interest. This is not sector-specific but applies horizontally. A decision of the national government about restricting a foreign investment is followed by a notification of the Minister of Knowledge Economy including the categories of business and content of restriction. Korea uses a negative list system, which means that the country is open to foreign investments unless it is explicitly restricted.
Coverage Horizontal
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ITA: [{"meta_value":"0.00"}]

KOREA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.36%
Coverage rate of zero-tariffs on ICT goods (%)
83.26%
Coverage: ICT goods

KOREA

Since March 1997
Since December 2015

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)

ITA Expansion Agreement (ITA II)
Korea is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods

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