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.

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.

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.

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.

Korea is a party to the Patent Cooperation Treaty (PCT).

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.

Korea has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.

Korea has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

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.

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.

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.

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.

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.

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.

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).