KOREA
Since March 2002, last amended in June 2012
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Act on the Consumer Protection in Electronic Commerce Transactions etc. - Act No. 10303 (전자상거래 등에서의 소비자보호에 관한 법률)
The Act on Consumer Protection in Electronic Commerce Transactions provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
Sources
- https://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=225097&ancYd=20201229&ancNo=17799&efYd=20211230&nwJoYnInfo=N&efGubun=Y&chrClsCd=010202&ancYnChk=0#0000
- https://www.law.go.kr/LSW//lsInfoP.do?lsiSeq=225063&ancYd=20201229&ancNo=17799&efYd=20211230&nwJoYnInfo=N&efGubun=Y&chrClsCd=010202&ancYnChk=0#0000
- https://www.law.go.kr/LSW//lsInfoP.do?lsiSeq=224973&ancYd=20201229&ancNo=17799&efYd=20221230&nwJoYnInfo=N&efGubun=Y&chrClsCd=010202&ancYnChk=0#0000
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=kr
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KOREA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Korea has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
KOREA
Since October 2006, entry into force in April 2007, last amended in 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Act on Prevention of Divulgence and Protection of Industrial Technology (산업기술의 유출방지 및 보호에 관한 법률)
Art. 11 of the "Act on the Prevention of Divulgence and Protection of Industrial Technology" provides that when a target institution holding national core technology developed with government research and development subsidies intends to export such technology to a foreign enterprise or any other external entity, whether through sale, transfer or another means, it must obtain prior approval from the Minister of Trade, Industry and Energy. In reviewing an application for approval, the Minister may grant approval after assessing the potential effects of the export on national security, the national economy and other relevant interests, consulting with the head of the competent central governmental administrative authority, and obtaining deliberation by the Committee. Where a target institution holding and managing national core technology that is not subject to this approval requirement seeks to export such technology, it must submit a prior report to the Minister of Trade, Industry and Energy. Upon receiving this report, the Minister shall examine the likely impact of the proposed export on national security and any other pertinent factors, and shall accept the report if the export is deemed not to pose a serious risk to national security and to comply with the Act. The term national core technology refers to technology designated under Art. 9, the overseas divulgence of which could have a materially adverse effect on national security or on the development of the national economy, owing to its significant technological and economic value in domestic and international markets or its capacity to generate substantial growth in related industries.
Coverage National core technology
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 to Russia 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.
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
Sources
- https://web.archive.org/web/20221130003017/https://www.kats.go.kr/content.do?cmsid=44
- https://web.archive.org/web/20241213214311/https://www.law.go.kr/lsInfoP.do?lsiSeq=200901&urlMode=engLsInfoR&viewCls=engLsInfoR#0000
- https://web.archive.org/web/20241213214412/https://elaw.klri.re.kr/kor_mobile/viewer.do?hseq=45624&type=sogan&key=13
- https://web.archive.org/web/20201130011413/https://www.gma.trade/single-post/2019/05/09/south-korea-market-access-for-electrical-and-rtt-products
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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.
- 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
Sources
- https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EC%A0%84%ED%8C%8C%EB%B2%95
- https://web.archive.org/web/20230402112620/https://rra.go.kr/ko/license/A_f_mra.do
- https://web.archive.org/web/20211026022816/https://elaw.klri.re.kr/eng_mobile/ganadaDetail.do?hseq=38783&type=abc&key=RADIO%20WAVES%20ACT¶m=R
- https://web.archive.org/web/20230327034351/https://rra.go.kr/en/cas/intro.do
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KOREA
Since June 1961, last amended in October 2021
Since March 2001, as amended in May 2010, last amended in July 2022
Since March 2001, as amended in May 2010, last amended in July 2022
Pillar Technical standards applied to ICT goods and online services |
Indicator Product screening and additional testing requirements
National Intelligence Service Korea Act (국가정보원법)
Electronic Government Act (전자정부법)
Electronic Government Act (전자정부법)
Pursuant to Art. 4 of the National Intelligence Service Korea Act and Art. 56 of the Electronic Government Act, the National Intelligence Service (NIS) imposes security verification requirements on network equipment and cyber-security software in government procurement. Generally, they may satisfy the requirement by showing that the products are certified at a Common Criteria Recognition Arrangement (CCRA) accredited lab outside of Korea. However, certain network equipment must undergo an additional security verification process. Furthermore, 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.
Coverage Network equipment and cyber-security software
Sources
- https://www.nis.go.kr:4016/AF/1_7_2_1.do
- https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EA%B5%AD%EA%B0%80%EC%A0%95%EB%B3%B4%EC%9B%90%EB%B2%95/(17646,20201215)
- https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EC%A0%84%EC%9E%90%EC%A0%95%EB%B6%80%EB%B2%95
- https://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=33396&type=part&key=4
- https://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=45844&type=part&key=4
- https://ustr.gov/sites/default/files/2020_National_Trade_Estimate_Report.pdf
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KOREA
Since March 2004, last amended in March 2016
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Notice of Import Customs Clearance for Express Goods (특송물품 수입통관 사무처리에 관한 고시)
According to Art. 9 of the Notice of Import Customs Clearance for Express Goods, as amended in 2016 to increase the value of the de minimis rule, the de minimis threshold, meaning the minimum value of goods below which customs do not charge duties, is USD 150, which is below the 200 USD threshold recommended by the International Chamber of Commerce (ICC). This threshold applies to goods for personal consumption and samples not exceeding USD 150, with an exception for trade with the U.S. and Puerto Rico, where the threshold is USD 200 as per the Korea-US FTA, allowing these goods to be exempt from taxes and duties collected by customs.
Coverage Horizontal
Sources
- https://www.law.go.kr/LSW//admRulLsInfoP.do?chrClsCd=&admRulSeq=2100000195023
- https://www.customs.go.kr/kcs/cm/cntnts/cntntsView.do?mi=2821&cntntsId=819
- https://www.law.go.kr/LSW//admRulInfoP.do?admRulSeq=67682
- https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
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KOREA
N/A
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Domain Name Management Rules
According to Art. 4 of the Domain Name Management Rules set forth by the Korea Internet & Security Agency (KISA), domain name registrants must have a postal address of their place of residence in Korea. In addition, it is reported that a Copy of Company registration in Korea with proof of company address in both English and Korean languages is required for registration and that a Korean-based administrative contact is mandatory.
Coverage Horizontal
KOREA
Since March 2011, as amended in 2023, last amended in 2025
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Personal Information Protection Act No. 10465 (개인정보 보호법)
Under Art. 31-2.1 of Personal Information Protection Act, a data handler without an address or business office in Korea must designate a local representative in writing if they meet certain criteria, such as revenue thresholds and the volume of personal data retained.
Coverage Horizontal
KOREA
Since September 2018
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Act on Promotion of Information and Communications Network Utilization and Information Protection etc (정보통신망 이용촉진 및 정보보호 등에 관한 법률)
According to Art. 32 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, foreign IT service providers without an office in Korea are required to appoint a local agent responsible for ensuring compliance with data privacy regulations.
Coverage IT services
KOREA
Reported in 2025
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Reported blocking of AI application
It is reported that, in February 2025, Korea’s data protection authority blocked downloads of the application developed by the Chinese artificial intelligence firm DeepSeek. The application is said to have become accessible again two months later, following changes to the company’s privacy practices. It is also reported that, in February 2025, multiple Korean ministries blocked access to DeepSeek within their own organisations due to security concerns.
Coverage DeepSeek
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
Sources
- https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EC%9C%84%EC%B9%98%EC%A0%95%EB%B3%B4%EC%9D%98%EB%B3%B4%ED%98%B8%EB%B0%8F%EC%9D%B4%EC%9A%A9%EB%93%B1%EC%97%90%EA%B4%80%ED%95%9C%EB%B2%95%EB%A5%A0
- https://elaw.klri.re.kr/eng_service/lawView.do?hseq=43349&lang=ENG
- https://web.archive.org/web/20240407155542/https://ustr.gov/sites/default/files/2020_National_Trade_Estimate_Report.pdf
- https://web.archive.org/web/20250826091802/https://ustr.gov/sites/default/files/files/Press/Reports/2025NTE.pdf
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