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. Additionally, Art. 122-2 of the Act led to the creation of the Korean Copyright Protection Agency (KCOPA) in 2016, which, under Art. 133-3, is empowered to investigate networks for illegal reproductions and apply corrective measures such as issuing warnings, suppressing or suspending transmissions, and suspending repeat infringers' accounts. KCOPA can also request the blocking of access to foreign websites involved in copyright infringement, as per Art. 44-7 of the Law on the Promotion of the Use of Information and Communications Networks and Information Protection.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Korea's law and jurisprudence.

According to Arts. 12-3 of the Game Industry Promotion Act, users are required to verify the real names and ages of users of game products when they join as members and self-authenticate. This requirement has been in place since 2011 as part of the amendment of the Game Industry Promotion Act through Law No. 10879 of July 2011.

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.

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.

The Patent Law, enacted in 1990, does not include provisions that discriminate based on the nationality of a patent applicant. However, under Art. 25, 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 has a clear regime of copyright exceptions that follows the fair use model, which enables the lawful use of copyrighted work by others without obtaining permission. Art. 35.5 of the Korean Copyright Act lists the exceptions, which include any use that does not conflict with the general method of use of the copyrighted work and which unfairly infringes the legitimate interests of the author. To determine whether an act of use of a copyrighted work falls under the fair use model, the following issues are considered: the purpose and nature of the use; the types and uses of copyrighted works; the proportion and importance of the part used in the whole work; and the impact of the use of the work on the market or current value or market or potential value of the work.

It is reported that the rapid advancement of digital technologies has led to a rise in online copyright infringement. One prevalent issue in Korea is stream-ripping, a practice where specialised software is used to create unauthorised copies of copyrighted content from licensed streaming platforms. As a result, stream-ripping has become a major form of music piracy, causing significant economic harm to music creators and undermining legitimate online services.

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

Korea has ratified 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.

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.

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.

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).