ENFORCEMENT DECREE OF THE FOREIGN TRADE ACT

Article 1(Purpose) #

The purpose of this Decree is to provide for the matters mandated by the Foreign Trade Act and the necessary matters for the enforcement thereof.

Article 2(Definitions) #

The terms used in this Decree are defined as follows: <Amended on Feb. 29, 2008; Nov. 2, 2009; Mar. 23, 2013; Oct. 18, 2016; Dec. 19, 2023; Oct. 1, 2025>

1. "Domestic area" means the territory under the sovereignty of the Republic of Korea;

2. "Foreign country" means an area, other than a domestic area;

3. "Export" means any of the following transactions:

a. Moving goods from the domestic area to a foreign country for sale, exchange, lease, loan, gifting, etc. (including sale of mineral resources gathered or marine products captured by Korean vessels in a foreign country to another foreign country);

b. Selling goods produced (referring to manufacturing, processing, assembling, repairing, recycling, or altering; hereinafter the same shall apply) in the domestic area, to a foreigner in a bonded store referred to in Article 196 of the Customs Act;

c. Delivering goods from a foreign country to another foreign country for consideration which shall meet requirements determined and publicly notified by the Minister of Trade, Industry and Resources;

d. Providing services under Article 3 by a resident as defined in Article 3(1)14 of the Foreign Exchange Transactions Act (hereinafter referred to as "resident") to a nonresident under Article 3(1)15 of the said Act (hereinafter referred to as "nonresident") by means determined and publicly notified by the Minister of Trade, Industry and Resources;

e. Delivering intangible goods in an electronic form under Article 4 by a resident to a nonresident by means of electronic transmission via an information and communications network or any other means determined and publicly notified by the Minister of Trade, Industry and Resources;

4. "Import" means any of the following transactions:

a. Moving goods from a foreign country to the domestic area for sale, exchange, lease, loan, gifting, etc.;

b. Delivering goods from a foreign country to another foreign country for consideration which shall meet requirements determined and publicly notified by the Minister of Trade, Industry and Resources;

c. Providing services under Article 3 by a nonresident to a resident by means determined and publicly notified by the Minister of Trade, Industry and Resources;

d. Delivering intangible goods in an electronic form under Article 4 by a nonresident to a resident by means of electronic transmission via an information and communications network, and any other means determined and publicly notified by the Minister of Trade, Industry and Resources;

5. "Raw materials and equipment for foreign currency earnings" means any of the following items:

a. Raw materials for foreign currency earnings: Raw materials, subsidiary materials, parts, and components necessary for the production of goods provided for foreign currency earnings, services under Article 3, and intangible goods in an electronic form under Article 4 (hereinafter referred to as "goods, etc.");

b. Facilities and equipment for foreign currency earnings: Facilities, machinery, equipment, parts, and components used to produce goods, etc. provided for foreign currency earnings (including parts and components necessary for repairing defects in goods, etc. or for maintaining and repairing goods, etc.);

c. Products for foreign currency earnings: Goods, etc. provided for foreign currency earnings without going through the production process after importation or purchase in the Republic of Korea;

d. Services for foreign currency earnings: Services under Article 3 necessary for the production of goods, etc. provided for foreign currency earnings;

e. Intangible goods in electronic form for foreign currency earnings: Intangibles in an electronic form under Article 4, which are necessary for the production of goods, etc. provided for foreign currency earnings;

6. Deleted; <Dec. 19, 2023>

7. Deleted; <Dec. 19, 2023>

8. Deleted; <Dec. 19, 2023>

9. Deleted; <Dec. 19, 2023>

10. Deleted; <Dec. 19, 2023>

11. "Export performance" means the sum of exports cleared through customs, the sum received, the sum of money earned, and the sum of the raw materials or equipment supplied to the domestic area for foreign exchange earnings, which meet the criteria determined and publicly notified by the Minister of Trade, Industry and Resources;

12. "Import performance" means the sum of imports cleared through customs and the sum paid, which meet the criteria determined and publicly notified by the Minister of Trade, Industry and Resources.

Article 3(Scope of services) #

"Services prescribed by Presidential Decree" in subparagraph 1b of Article 2 of the Foreign Trade Act (hereinafter referred to as the "Act") means any of the following services: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 19, 2023; Oct. 1, 2025>

1. Services under Article 3 of the Enforcement Decree of the Value-Added Tax Act (including the publishing business and the business of producing and distributing video and audio records);

2. Services provided by a person engaged in a business of the type determined and publicly notified by the Minister of Trade, Industry and Resources as belonging to a promising export industry, such as knowledge-based services, etc.;

3. Transferring patent rights, utility model rights, design rights, trademark rights, copyrights, neighboring copyrights, program copyrights, or layout design rights for semiconductor integrated circuits protected by domestic statutes or regulations or by treaties to which the Republic of Korea is a party, instituting an exclusive license for such rights, or granting non-exclusive licenses therefor.

Article 4(Intangible goods in electronic form) #

"Intangible goods in an electronic form prescribed by Presidential Decree" in subparagraph 1c of Article 2 of the Act means any of the following: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 8, 2020; Oct. 1, 2025>

1. Software defined in subparagraph 1 of Article 2 of the Software Promotion Act;

2. Data, information, or similar which is obtained by producing or processing codes, letters, voices, sounds, images, pictures, etc. in digital mode and which is determined and publicly notified by the Minister of Trade, Industry and Resources; <Amended on Oct. 1, 2025>

3. A combination of those items set forth in subparagraphs 1 and 2 or any other intangible goods in an electronic form similar thereto, which is determined and publicly notified by the Minister of Trade, Industry and Resources.

Article 4-2(Procedures for export contracts between governments) #

"Procedure prescribed by Presidential Decree" in subparagraph 4 of Article 2 of the Act means the following procedures: <Amended on Feb. 2, 2021>

1. Confirmation of a foreign government's intention to purchase goods, etc., (excluding defense material or similar material defined in Article 2(1)1 of the Defense Industry Development and Support Act; hereafter in this Article and Articles 54-5 and 54-6, the same shall apply) by an agency solely in charge of export contracting between governments (hereinafter referred to as "dedicated agency") prescribed in Article 32-3(1) of the Act;

2. Assessment of domestic companies' capabilities to perform an export contract between governments, and recommendation of domestic companies; provided, such recommendation need not be made if the relevant foreign government designates a domestic company to export the goods, etc.;

3. Conclusion of an agreement between the dedicated agency and the relevant domestic company on the performance of an export contract between governments;

4. Conclusion of an export contract between the dedicated agency and the relevant foreign government (including where the former concludes a contract as a contracting party in consort with a domestic company).

[This Article Added on Jul. 16, 2014]

Article 5(Measures for promotion of trade) #

(1) The Minister of Trade, Industry and Resources may either take the following measures to promote trade, or request the head of each relevant administrative agency to take necessary measures, pursuant to Article 4 of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 5, 2021; Oct. 1, 2025>

1. Creating an environment for strengthening the competitiveness of the export industry in the international market and facilitate investments in facilities;

2. Improving quality for increasing the rate of foreign exchange earnings (referring to the rate of the amount of foreign exchange earnings minus the amount of import of raw materials for foreign exchange earnings), and promote the use of raw materials or equipment domestically manufactured for foreign exchange earnings;

3. Coordinating exportation and importation to promote cooperation in international commerce;

4. Interconnecting exportation and importation to accomplish a balance of trade between regions;

5. Providing support to the private sector for international commercial activities and industrial cooperation;

6. Granting tax abatements or exemption on trade-related facilities;

7. Creating an environment for efficiently establishing and operating the platforms for scientific processing of trade-related affairs;

8. Facilitating the use of platforms for scientific processing of trade-related affairs by related institutions including the trade industry;

9. Assisting domestic companies in advancing into overseas markets;

10. Conducting surveys on the difficulties that domestic companies face in advancing into overseas markets and assist them in solving such difficulties;

11. Other measures deemed necessary for continuously promoting exportation and importation.

(2) Trade-related installations eligible for the support under Article 4(2)2 of the Act shall be those with the functions and sizes prescribed according to the following categorization and designated by the Minister of Trade, Industry and Resources: <Amended on Feb. 29, 2008; Mar. 23, 201; Oct. 1, 20253>

1. Trade exhibition centers: Required to have facilities for exhibition of trade samples, with a total indoor exhibition floor area of at least 2,000 square meters and a conference room with capacity of at least 50 persons;

2. Trade training institutes: Required to have facilities for fostering professional traders, with a total floor area of at least 2,000 square meters and maximum capacity of at least 500 persons;

3. Convention centers: Required to have facilities for conventions, with a total floor area of at least 4,000 square meters and maximum capacity of at least 2,000 persons.

(3) "Person who has established and run a platform for scientific processing of the business affairs relating to trade" in Article 4(2)3 of the Act means a business entity who has established and run a platform for scientific processing of trade-related affairs among the electronic trade infrastructure business entities as defined in Article 6(1) of the Electronic Trade Facilitation Act.

Article 6(Procedures for investigation and consultation for special measures) #

(1) When the Minister of Trade, Industry and Resources intends to take any measure relating to a restriction or ban (hereafter in this Article referred to as "special measure") on exportation or importation of goods, etc. from or to any trading partner country upon any grounds set forth in subparagraph 2, 3, 4-2, or 5 of Article 5 of the Act, he or she shall conduct a prior investigation into the relevant facts in advance. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2014; Oct. 1, 2025>

(2) Anyone who has any interest in a case that falls under subparagraph 2, 3, 4-2, or 5 of Article 5 of the Act may file a petition with the Minister of Trade, Industry and Resources to take special measures. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2014; Oct. 1, 2025>

(3) Upon receipt of a petition under paragraph (2), the Minister of Trade, Industry and Resources shall make a decision as to whether to conduct an investigation into the facts and notify the petitioner of his or her decision within 30 days from the date of petition. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(4) The Minister of Trade, Industry and Resources shall, if deemed necessary for an investigation under paragraph (1), consult in advance with the trading partner country involved. <Amended on Feb. 29, 2008; Mar. 23, 201; Oct. 1, 20253>

(5) The Minister of Trade, Industry and Resources shall, when he or she commences an investigation under paragraph (1), publicly announce such fact without delay, and shall complete the investigation within one year from the date of its commencement. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(6) The Minister of Trade, Industry and Resources shall, when he or she intends to take special measures, consult in advance with the heads of relevant central administrative agencies. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(7) The Minister of Trade, Industry and Resources shall, when he or she intends to take any special measure pursuant to Article 5 of the Act, publicly announce the details of the special measure, and shall also issue notice to the petitioner, if the special measure is to be taken upon the petition under paragraph (2). The foregoing shall also apply to the lifting of such special measure. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 7(Establishment of implementation plans for promotion of international commerce) #

In establishing an implementation plan for the promotion of international commerce pursuant to Article 7(1) of the Act, the Minister of Trade, Industry and Resources may request the following institutions and organizations to render cooperation: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

1. Relevant administrative agencies;

2. Local governments;

3. The Korea Trade-Investment Promotion Agency established under the Korea Trade-Investment Promotion Agency Act (hereinafter referred to as the "Korea Trade-Investment Promotion Agency");

4. The Korea International Trade Association established with the permission from the Minister of Trade, Industry and Resources in accordance with Article 32 of the Civil Act (hereinafter referred to as the "Korea International Trade Association");

5. Other institutions and organizations relating to trade and international commerce.

Article 8(Other details of implementation plans for promotion of international commerce) #

"Other matters prescribed by Presidential Decree" in Article 7(2)7 of the Act means the following matters: <Amended on Feb. 29, 2008; Nov. 2, 2009; Mar. 23, 2013; Oct. 1, 2025>

1. Implementation plans for promoting international commerce for each major region, economic bloc, or type of business;

2. Plans for trade activities of institutions and organizations involved in the promotion of trade and international commerce;

3. Other implementation plans deemed necessary by the Minister of Trade, Industry and Resources in connection with the promotion of trade and international commerce.

Article 9(Research on international commerce-related systems) #

Where it is necessary to establish an implementation plan for promoting commerce pursuant to Article 7(3) of the Act, the Minister of Trade, Industry and Resources may request an institution or organization set forth in each subparagraph of Article 7 (excluding subparagraph 2) to conduct research in a relevant field or a specific case or verify a fact. <Amended on Mar. 23, 2013; Oct. 1, 2025>

[This Article Wholly Amended on Nov. 2, 2009]

Article 10(Cooperation with local governments) #

(1) In order to implement action plans for promoting international commerce for each region under Article 7(6) of the Act in an effective manner, the Minister of Trade, Industry and Resources may establish and operate a consultative body, in which the Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, Dos or the Special Self-Governing Province (hereinafter referred to as "Si/ Do") and other institutions or organizations relating to trade and international commerce take part. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2014; Oct. 1, 2025>

(2) Necessary matters concerning the organization, operation, etc. of the consultative body under paragraph (1) shall be prescribed by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 11(Procedures for supporting cooperative activities in private sector) #

(1) Where an institution or organization relating to trade and international commerce desires to receive the support under Article 8(1) of the Act, it shall submit an application to the Minister of Trade, Industry and Resources along with a project plan that contains the details of the project, outcomes of the project, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) Upon receipt of a project plan under paragraph (1), the Minister of Trade, Industry and Resources may provide support, such as funds, human resources, or information, if he or she concludes after examining the plan that it is necessary for efficiently promoting cooperative activities in the areas of commerce, industry, technology, energy, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(3) Necessary matters concerning the criteria, etc. for the support under paragraph (2) shall be prescribed by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(4) The Minister of Trade, Industry and Resources may, if considered necessary for the support under paragraph (2), request the heads of relevant administrative agencies to provide cooperation. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(5) A related organization to which support has been provided shall submit a report on the outcomes of the project performed to the Minister of Trade, Industry and Resources, within three months after completion of the project for which such support has been provided. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 12(Organization, operation, and supervision of center for support of overseas expansion) #

(1) A center for support of overseas expansion under Article 8(4) of the Act (hereinafter referred to as "supporting center for overseas expansion") shall be comprised of executive officers and employees of the Korea Trade-Investment Promotion Agency and persons dispatched under paragraph (3).

(2) If it is necessary to support overseas expansion of local enterprises, the president of the Korea Trade-Investment Promotion Agency may request the head of a relevant administrative agency and the head of an institution or organization related to overseas expansion (hereinafter referred to as "overseas expansion-related institution") to dispatch public officials belonging thereto or its executive officers and employees.

(3) The head of a relevant administrative agency or the head of an overseas expansion-related institution who is requested to dispatch public officials, or executive officers and employees pursuant to paragraph (2), shall select persons competent to carry out relevant affairs and dispatch them to the supporting center for overseas expansion, and shall have prior consultation with the president of the Korea Trade-Investment Promotion Agency when he or she intends to cancel the dispatch service during the period of dispatch.

(4) The president of the Korea Trade-Investment Promotion Agency shall direct and supervise the service of public officials, or executive officers and employees dispatched to the supporting center for overseas expansion pursuant to paragraph (3).

(5) The president of the Korea Trade-Investment Promotion Agency shall prepare his or her comments on the performance evaluation of public officials dispatched under paragraph (3) in accordance with Article 17(3) of the Regulations on Performance Evaluation of Public Officials or Article 31-3(3) of the Decree on the Appointment of Local Public Officials, and serve them on the head of the relevant administrative agency who has dispatched such public officials. The head of the relevant administrative agency, in receipt of such comments, shall consider them in evaluating service performance.

(6) The president of the Korea Trade-Investment Promotion Agency shall prepare the actual results of carrying out supporting affairs for overseas expansion in the preceding year and plans for carrying out the said affairs in the relevant year and report such results and plans to the Minister of Trade, Industry and Resources by January 31 of each year, and shall report quarterly performance records to the Minister of Trade, Industry and Resources within one month after each quarter ends. In such cases, the Minister of Trade, Industry and Resources shall notify the heads of relevant administrative agencies of the matters requiring cooperation from the heads of such agencies. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(7) The Minister of Trade, Industry and Resources may subsidize expenses incurred in operating the supporting center for overseas expansion. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(8) Except as provided in paragraphs (1) through (7), detailed matters concerning the organization, operation, etc. of the supporting center for overseas expansion shall be prescribed by the president of the Korea Trade-Investment Promotion Agency after consulting with the Minister of Trade, Industry and Resources. <Amended on Mar. 23, 2013; Oct. 1, 2025>

[This Article Wholly Amended on Nov. 2, 2009]

Article 12-2(Criteria for designation of specialized trading companies) #

(1) A person eligible to be designated as a specialized trading company pursuant to Article 8-2(1) of the Act shall meet the criteria determined and publicly notified by the Minister of Trade, Industry and Resources regarding the credit rating and shall be either of the following: <Amended on Jan. 29, 2019; Dec. 9, 2022; Oct. 1, 2025>

1. A trader who satisfies both of the following requirements:

a. Either the export performance of the preceding year or the average annual export performance of the three immediately preceding years, shall not be less than at least one million US dollars, the amount determined and publicly notified by the Minister of Trade, Industry and Resources;

b. The ratio of the export of goods, etc., produced by other small and medium enterprises (referring to small and medium enterprises prescribed in Article 2 of the Framework Act on Small and Medium Enterprises; hereinafter the same shall apply) or middle-standing enterprises (referring to middle-standing enterprises defined in subparagraph 1 of Article 2 of the Special Act on the Promotion of Growth and the Strengthening of Competitiveness of Middle-Standing Enterprises; hereafter in this Article and Article 12-3 the same shall apply), to the export performance referred to in item a shall not be less than a ratio of at least 20/100, the ratio determined and publicly notified by the Minister of Trade, Industry and Resources;

2. A trader who satisfies the standards publicly notified by the Minister of Trade, Industry and Resources, taking into account the nature of each type of business, such as agriculture and fisheries, and the export characteristics of each form of corporate organization, such as associations, so as to explore new markets, identify new products, and effectively support exports by small and medium enterprises or middle -standing enterprises.

(2) Each person intending to be designated as a specialized trading company pursuant to Article 8-2(1) of the Act shall submit an application for designation to the Minister of Trade, Industry and Resources, along with documents determined and publicly notified by the Minister of Trade, Industry and Resources. <Amended on Oct. 1, 2025>

(3) Where a person who has submitted an application for designation as a specialized trading company pursuant to paragraph (2) satisfies the requirements for the designation referred to in paragraph (1), the Minister of Trade, Industry and Resources shall designate such person as a specialized trading company and notify the relevant applicant of the results of the application. <Amended on Oct. 1, 2025>

(4) Except as provided in paragraphs (1) through (3), details necessary for the procedures, etc. for the designation of a specialized trading company shall be determined and publicly notified by the Minister of Trade, Industry and Resources. <Amended on Oct. 1, 2025>

[This Article Added on Jul. 16, 2014]

Article 12-3(Support for specialized trading company) #

(1) If deemed necessary for a specialized trading company to open new markets, identify new products, or expand exports of small and medium enterprises or middle-standing enterprises, the Minister of Trade, Industry and Resources may support the specialized trading company in matters necessary for publicity in Korea and abroad, identification of outstanding products, exploration of overseas markets, etc. pursuant to Article 8-2(1) of the Act. <Amended on Oct. 1, 2025>

(2) If deemed necessary for support referred to in paragraph (1), the Minister of Trade, Industry and Resources may request related central administrative agencies, local governments, or institutions or organizations in charge of trade or commerce, to render cooperation. <Amended on Oct. 1, 2025>

[This Article Added on Jul. 16, 2014]

Article 13(Request for submission of data for implementation of yreaty concerning trade) #

If the Minister of Trade, Industry and Resources intends to request the submission of data pursuant Article 9(1) of the Act, he or she shall make such request in writing (including electronic documents), stating data to be submitted, submission deadline, and other matters. <Amended on Mar. 23, 2013; Oct. 1, 2025>

[This Article Wholly Amended on Nov. 2, 2009]

Article 14 #

Deleted. <Nov. 2, 2009>

Article 15 #

Deleted. <Nov. 2, 2009>

Article 16(Restrictions on exportation and importation) #

"Matters prescribed by Presidential Decree" in Article 11(1)6 of the Act means the following: <Amended on Mar. 17, 2026>

1. Matters regarding the safety management of aviation-related items;

2. Matters regarding quality management of steel-related items.

[This Article Wholly Amended on Jul. 26, 2016]

Article 17 #

Deleted. <Jul. 26, 2016>

Article 18(Procedures for approval for exportation or importation) #

(1) Any person who intends to apply for approval for exportation or importation of goods, etc. in accordance with the main clause of Article 11(2) of the Act or any person who intends to apply for the extension of the effective period of approval for exportation or importation in accordance with Article 11(4) of the Act shall file an application with the Minister of Trade, Industry and Resources along with documents specified by the Minister of Trade, Industry and Resources. The foregoing shall also apply where any person intends to obtain approval for any revision thereof (limited to cases where approval has been granted under the main clause of Article 11(2) of the Act). <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2014; Oct. 1, 2025>

(2) In any of the following cases, the Minister of Trade, Industry and Resources may determine the effective period of approval for exportation or importation of relative goods, etc. as less than one year or a maximum of two years, pursuant to the proviso of Article 11(3) of the Act; provided, where the validity period of license under Article 33-5(2) (limited to the validity period of export license under Article 19-2 of the Act) exceeds two years, the export license may be valid during such period: <Amended on Jan. 28, 2014; Oct. 8, 2024; Oct. 1, 2025>

1. Where an effective period of approval for exportation or importation needs to be reduced to less than one year for stabilizing price or adjusting supply and demand in Korea;

2. Where production or processing of goods, etc. takes more than one year after concluding an export or import contract;

3. Where it is impracticable to ship or deliver goods, etc. within one year after concluding an export or import contract;

4. Other than cases referred to in subparagraphs 1 through 3, where it is deemed necessary to adjust an effective period of approval for exportation or importation, either by reducing to less than one year or extending to more than one year, taking into consideration the delivery conditions, or nature of trading, of exported or imported goods, etc.

(3) "Important matters prescribed by Presidential Decree" in Article 11(5) of the Act means the following matters: <Amended on Jan. 28, 2014>

1. Quantity and price of the goods, etc.;

2. Deleted; <Jan. 28, 2014>

3. Matters concerning the parties involved in the exportation or importation.

Article 19(Exemption from approval for exportation or importation) #

"Goods, etc. specified by Presidential Decree" in the proviso of Article 11(2) of the Act means the following goods or similar: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

1. Goods, etc. determined and publicly notified by the Minister of Trade, Industry and Resources, which are carried in person or dispatched with a declaration filed with a customs office by diplomats or other persons specified by the Minister of Trade, Industry and Resources when they enter or leave the Republic of Korea;

2. Goods, etc. publicly notified by the Minister of Trade, Industry and Resources, subject to prior consultation with the heads of relevant administrative agencies, which fall under any of the following items:

a. Goods, etc. inappropriate for exporting or importing through normal processing for exportation or importation because urgent processing is required;

b. Goods, etc. exported or imported through a transaction incidental to main exports or imports for facilitating smooth trading transactions;

c. Goods, etc. exported or imported incidentally in order to accomplish a main business objective;

d. Goods, etc. re-exported or re-imported without consideration after having been imported or exported without consideration, or exported or imported for the purposes of importing or exporting without consideration, which shall be recognized as inevitable for accomplishing the intended business objective;

e. Goods, etc. exported to or imported from a region determined and publicly notified by the Minister of Trade, Industry and Resources;

f. Goods, etc. for public interests or for similar purposes of use, in which case additional exportation or importation controls are deemed unnecessary;

g. Goods, etc. exported or imported for any purpose other than commercial transactions;

3. Goods, etc. imported without involving any foreign exchange transaction, which shall be determined and publicly notified by the Minister of Trade, Industry and Resources;

4. Raw materials, machinery, or equipment removed from the Republic of Korea by an immigrant under the Emigration Act for emigration to a foreign country, which shall be recognized by the Minister of Foreign Affairs or the head of an institution designated by the Minister of Foreign Affairs.

Article 20(Recognition of specific types of exportation and importation) #

(1) "Types of exportation or importation of certain goods, etc. specified by Presidential Decree" in Article 13(1) of the Act means the types of exportation or importation, the whole or a part of which falls under any of the following, and which meets the criteria determined and publicly notified by the Minister of Trade, Industry and Resources (hereinafter referred to as "specific types of transactions"): <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

1. Transactions that are likely to circumvent a restriction on exportation or importation under Article 11(1) of the Act;

2. Transactions that are likely to undermine protective measures for industries;

3. Transactions with a transfer or assignment of goods, etc. from a foreign country to another foreign country, for which verifying the status of settlement of the payment is deemed impracticable because the payment is made or received within the Republic of Korea;

4. Transactions by which goods, etc. are moved without accompanying the settlement of payment.

(2) The procedure for the recognition of specific types of transactions, the effective period of the recognition, and other necessary matters shall be determined and publicly notified by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(3) In recognizing specific types of transactions, the Minister of Trade, Industry and Resources may request the heads of relevant administrative agencies to provide cooperation, if deemed necessary to identify a new type of transactions, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 21(Development and operation of computerized management system) #

(1) The Minister of Trade, Industry and Resources shall develop and operate the following computerized management systems pursuant to Article 15(1) of the Act to ensure that transactions of exportation and importation are made in good order and in an efficient manner: <Amended on Feb. 29, 2008; Nov. 2, 2009; Mar. 23, 2013; Oct. 1, 2025>

1. The computerized management system for building up a database for statistics on exportation and importation, including granting and managing identification numbers of traders (hereinafter referred to as "trader's identification number");

2. The computerized management system for preventing unfair international trade practices stipulated under Article 4 of the Act on the Investigation of Unfair International Trade Practices and Remedy against Injury to Industry;

3. The following computerized management systems for ensuring efficiency in transactions of exportation and importation:

a. The computerized management systems for interconnecting computerized trade management systems between different business sectors in an organized manner;

b. The computerized management systems related to trade designated by the heads of relevant administrative agencies after consultation with the Minister of Trade, Industry and Resources as the heads deem necessary to do so;

4. Other computerized management systems recognized as necessary by the Minister of Trade, Industry and Resources upon the request of traders.

(2) If it is deemed necessary for developing and operating a computerized management system pursuant to paragraph (1), the Minister of Trade, Industry and Resources may subsidize some expenses to the institutions that provide information necessary for the development or operation of the computerized management systems. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 22(Collection and analysis of information on exportation and importation) #

(1) If it is necessary for developing and operating computerized management systems under Article 21, the Minister of Trade, Industry and Resources may request the Commissioner of the Korea Customs Service to furnish him or her with the following information pursuant to Article 15(2) of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

1. Information about traders, including trade names, personal names, etc. of traders who have filed a declaration under Article 241 of the Customs Act;

2. Information related to the date of acceptance of each declaration filed in accordance with Article 241 of the Customs Act, the product names, quantity, and price of exported or imported goods, the types of transactions, etc., as specified further by the Minister of Trade, Industry and Resources.

(2) The Minister of Trade, Industry and Resources shall comprehensively analyze and manage relevant information collected in accordance with paragraph (1), and Article 92(2) of this Decree, and Article 48(1) of the Act so as to develop or operate computerized management systems pursuant to Article 21. <Amended on Feb. 29, 2008; Nov. 2, 2009; Mar. 23, 2013; Oct. 1, 2025>

(3) The timing and method for furnishing information pursuant to paragraphs (1) and (2), the form of information, and other matters necessary for the collection of information shall be prescribed by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 23(Confirmation of exportation or importation of services or intangible goods in electronic form) #

(1) Where the exporter or importer with an intention to obtain support for exportation or importation files an application for confirmation of exportation or importation of any services under Article 3, or intangible goods in an electronic form under Article 4, the Minister of Trade, Industry and Resources may confirm the exportation or importation of such services or intangibles. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) Detailed procedures, etc. necessary for the confirmation of exportation or importation under paragraph (1) shall be determined and publicly notified by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 24(Approval for importation of raw materials or equipment for foreign exchange earnings) #

(1) Anyone who intends to import goods, etc. subject to approval for importation referred to in Article 11(2) of the Act as materials or equipment for foreign exchange earnings in accordance with the main clause of Article 16(1) of the Act, shall obtain approval from the Minister of Trade, Industry and Resources in compliance with the guidelines determined and publicly notified by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2016; Oct. 1, 2025>

(2) The Minister of Trade, Industry and Resources shall, when he or she intends to impose a restriction on the importation of raw materials or equipment for foreign exchange earnings for the purposes of promoting the use of domestically produced raw materials or equipment pursuant to the proviso of Article 16(1) of the Act, determine and publicly notify the items subject to such a restriction and separate procedure necessary for importing such items. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 25(Items and quantity of raw materials or equipment for foreign exchange earnings) #

(1) The quantity of raw materials and equipment for foreign exchange earnings as referred to in Article 16(2) of the Act means the standard requirements of raw materials or equipment for foreign exchange earnings, provided for producing one unit of goods, etc. for foreign exchange earnings.

(2) The Minister of Trade, Industry and Resources may, when he or she determines the standard requirements of raw materials or equipment for foreign exchange earnings pursuant to paragraph (1), include the average quantity of loss that may be incurred in the manufacturing process, in addition to the actual quantity required for the production of the relevant goods, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 5, 2021; Oct. 1, 2025>

(3) Necessary matters concerning the guidelines, methods, etc. for the preparation of the statement of requirements of raw materials or equipment for foreign exchange earnings for each item shall be determined and publicly notified by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 26(Scope of foreign exchange earnings) #

(1) The scope of foreign exchange earnings under Article 16(4) of the Act shall extend to the foreign currency exchange earned by any of the following means: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

1. Exportation;

2. Sale of goods, etc. to the agencies of United Nations Forces in the Republic of Korea or any other foreign armed forces;

3. Tourism;

4. Overseas operations of services or construction works;

5. Domestic sale of goods, etc., which falls under the criteria determined and publicly notified by the Minister of Trade, Industry and Resources.

(2) Export brokerage by a trader on condition of receiving a commission from an importer in a foreign country shall be deemed as an act equivalent to the acts for foreign exchange earnings under paragraph (1).

Article 27(Time period for fulfilling obligation to earn foreign exchange) #

(1) The time period for fulfilling the obligation to earn foreign exchange under Article 16(4) of the Act shall be determined and publicly notified by the Minister of Trade, Industry and Resources within the limit classified in the following: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2016; Oct. 1, 2025>

1. Where an importer of raw materials or equipment for foreign exchange earnings him or herself shall fulfill the obligation to earn foreign exchange: Two years from the date of customs clearance or delivery;

2. Where a transferee of raw materials or equipment for foreign exchange earnings or the goods, etc. produced with such raw materials or equipment, transferred by another person, shall fulfill the obligation to earn foreign exchange: One year from the date of transfer;

3. Where it takes at least two years to produce or gather the goods, etc. for foreign exchange earnings: The time period equivalent to that taken for such production or gathering;

4. Where raw materials or equipment for foreign exchange earnings is used for repair of defects, or maintenance, of machinery exported: Two years from the completion date of repair of defects or maintenance.

(2) A person who assumes an obligation to earn foreign exchange shall, if it is found impossible for him or her to fulfill the obligation within the time limit under paragraph (1), file an application for extension of the time limit with the Minister of Trade, Industry and Resources along with the documents specified by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(3) Upon receipt of an application under paragraph (2), the Minister of Trade, Industry and Resources may extend the time limit for fulfilling the obligation to earn foreign exchange, if he or she concludes that the application is reasonable. <Amended on Feb. 29, 2008; Nov. 5, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 28(Follow-up management of raw materials or equipment for foreign exchange earnings) #

(1) In regard to the raw materials or equipment imported for earning foreign currency exchange with approval under Article 24 and the goods, etc. produced with such raw materials or equipment, the Minister of Trade, Industry and Resources shall carry out follow-up management as to whether the person obligated to earn foreign exchange fulfills his or her obligation. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) In regard to the raw materials or equipment for foreign exchange earnings imported under the approval for importation under Article 11(2) of the Act by anyone meeting the requirements determined and publicly notified by the Minister of Trade, Industry and Resources, the Minister may allow the person with the approval for importation to carry out the follow-up management, notwithstanding paragraph (1). The foregoing shall also apply to a transferee of raw materials or equipment for foreign exchange earnings under Article 17 of the Act, who meets the requirements determined and publicly notified by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(3) The follow-up management under paragraphs (1) and (2) shall be done for each person who assumes the obligation to earn foreign exchange and for each item, based on the total quantity of imports for each quarter of the year, but necessary matters concerning the method of follow-up management, etc. shall be determined and publicly notified by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 29(Exemption from follow-up management of raw materials or equipment for foreign exchange earnings) #

Notwithstanding Article 28(1), the Minister of Trade, Industry and Resources may omit follow-up management in cases falling under any of the following: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

1. If the non-performance rate of the person who assumes the obligation to earn foreign exchange for each item is ten percent or less;

2. If the quarterly non-performance rate of the person who assumes the obligation to earn foreign exchange is ten percent or less, and the amount not performed is equivalent to 20,000 U.S. dollars or less;

3. If the Minister of Trade, Industry and Resources acknowledges that the person who assumes the obligation to earn foreign exchange fails to fulfill his or her obligation due to any cause or event not attributable to him or her;

4. If the Minister of Trade, Industry and Resources acknowledges that it is no longer necessary to carry out follow-up management, such as fulfilling the obligation to earn foreign exchange, because the item in question has been excluded from list of goods subject to approval of import or on any other ground.

Article 30(Approval for change to purposes of use of raw materials or equipment for foreign exchange earnings) #

(1) Anyone who desires to obtain approval for a change to the purpose of use of raw materials or equipment for foreign exchange earnings, or goods, etc. manufactured with such materials or equipment in accordance with the main clause of Article 17(1) of the Act shall submit to the Minister of Trade, Industry and Resources an application along with accompanying documents specified by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) "Any unavoidable reason or cause" in the main clause of Article 17(1) of the Act means any of the following cases: <Amended on Feb. 29, 2008; Feb. 23, 2013; Oct. 1, 2025>

1. When it becomes impossible to fulfill the obligation to earn foreign exchange due to a war, an upheaval, a natural disaster, an institutional change in the Republic of Korea or any of its trading partner countries;

2. When the goods, etc. produced with raw materials or equipment for foreign exchange earnings require high technology in manufacturing, and thus there is a need to produce a trial sample prior to fulfilling the obligation to earn foreign exchange;

3. When it becomes impossible to fulfill the obligation to earn foreign exchange due to any cause or event not attributable to the person who assumes the obligation;

4. When the Minister of Trade, Industry and Resources acknowledges that it is impossible to fulfill the obligation to earn foreign exchange due to a cause or event beyond control.

(3) "Materials and equipment specified by Presidential Decree and the product and similar manufactured with such materials and equipment" in the proviso of Article 17(1) of the Act means any of the following goods, etc.: <Amended on Jan. 5, 2021>

1. Raw materials or equipment for foreign exchange earnings amounting to the average quantity of loss under Article 25(2) or goods, etc. produced with such materials or equipment;

2. Raw materials or equipment for foreign exchange earnings under subparagraph 4 of Article 29.

(4) Anyone who desires to obtain approval to transfer raw materials or equipment for foreign exchange earnings or the goods, etc. manufactured with such raw materials or equipment in accordance with Article 17(2) of the Act shall file an application with the Minister of Trade, Industry and Resources along with the accompanying documents specified by the Minister. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(5) "Materials and equipment specified by Presidential Decree" in the proviso of Article 17(2) of the Act means raw materials or equipment for foreign exchange earnings, which falls under any subparagraph of Article 29.

Article 31(Application for and issuance of purchase certificate) #

(1) Any person who wishes to have a purchase certificate issued pursuant to Article 18(1) of the Act shall file with the Minister of Trade, Industry and Resources an application for confirmation of purchasing, accompanied by the following documents: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 19, 2023; Oct. 1, 2025>

1. A document concerning the purchaser and supplier;

2. A document concerning the price, quantity, etc. of the raw materials or equipment for foreign exchange earnings;

3. A document certifying that the raw materials or equipment are for earning foreign currency, which is determined and publicly notified by the Minister of Trade, Industry and Resources.

(2) Upon receipt of an application under paragraph (1), the Minister of Trade, Industry and Resources shall examine and make a decision on whether the raw materials and equipment that the applicant intends to purchase fall within the scope of foreign exchange earnings under Article 26 to issue a purchase certificate. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(3) Except as provided in paragraphs (1) and (2), further detailed matters necessary for the issuance, etc. of the purchase certificate shall be determined and publicly notified by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 32(International export control regimes) #

"International export control regimes prescribed by Presidential Decree or multilateral cooperation in export control equivalent thereto" in Article 19 of the Act means the following international export control regimes or multilateral cooperation (hereinafter referred to as "international export control regimes, etc."): <Amended on Jan. 28, 2014; Jul. 26, 2016; Oct. 8, 2024>

1. The Wassenaar Arrangement (WA);

2. The Nuclear Supplier Group (NSG);

3. The Missile Technology Control Regime (MTCR);

4. The Australia Group (AG);

5. The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC);

6. The Biological Weapons Convention (BWC);

7. The Arms Trade Treaty (ATT).

8. Multilateral cooperation in the form of export control measures or support for export control measures by a number of member States in response to an agenda item discussed under any of the international export control regimes as specified in subparagraphs (1) through (7).

[Title Amended on Oct. 8, 2024]

Article 32-2(Technology requiring restrictions on export permission) #

"Technology determined by Presidential Decree" in Article 19 of the Act means technology used in the manufacturing, development, use, storage, etc. of goods determined by the international export control regimes, etc., which is publicly notified by the Minister of Trade, Industry and Resources in consultation with the head of a relevant administrative agency; provided, any of the following technologies shall be excluded: <Amended on Mar. 23, 2013; Jan. 28, 2014; Oct. 8, 2024; Oct. 1, 2025>

1. Technology made public;

2. Technology regarding basic science and technology;

3. Minimum-level technology required for patent application;

4. Minimum-level technology required for installation, operation, examination, maintenance, and repair of goods, etc. for which any of the following licenses has been granted:

a. Export license under Article 19-2 of the Act (hereinafter referred to as "export license");

b. Catch-all license under Article 19-3 of the Act (hereinafter referred to as "catch-all license");

c. Transfer or transshipment license under Article 19-4 of the Act (hereinafter referred to as "transit or transshipment license");

d. Brokerage license under the main clause of Article 19-5 of the Act (hereinafter referred to as "brokerage license").

[This Article Added on Nov. 2, 2009]

Article 32-3(Technology transfer) #

"Cases prescribed by Presidential Decree" in the main clause of Article 19-2 of the Act means cases in which technology publicly notified under the main clause of Article 32-2 are transferred by any of the following methods: <Amended on Oct. 8, 2024>

1. Transfer through an information network, such as telephone, fax, and e-mail;

2. Transfer through discourse or act, such as direction, education, training, and presentation;

3. Transfer through recording devices, such as paper, film, magnetic disc, optical disc, and semiconductor memory apparatus, or through a computer and other information processing devices.

[This Article Added on Jan. 28, 2014]

Article 33(Application for export license or catch-all license) #

(1) Anyone who intends to export (including transfer of technology referred to in Article 19 of the Act falling under any subparagraph of Article 19-2 of the Act by any means provided for in any subparagraph of Article 32-3; hereafter the same shall apply in this Article, Articles 33-2 through 33-6, 36, and 43 through 47) strategic items, or any goods, etc. that do not constitute strategic items but are highly like to be diverted for manufacturing, developing, using, or storing weapons of mass destruction and missiles and conventional weapons as carriers of such weapons (hereinafter referred to as "weapons of mass destruction, etc."), under Articles 19-2 and 19-3 of the Act, shall file with the Minister of Trade, Industry and Energy or the head of the relevant administrative agency an application for export license or catch-all license for strategic items, accompanied by the following documents: <Amended on Feb. 29, 2008; Oct. 1, 2010; Mar. 23, 2013; Jan. 28, 2014; Jun. 16, 2020; Oct. 8, 2024; Oct. 1, 2025>

1. An export contract, a provisional export contract, or any document equivalent thereto;

2. A certificate of import purpose issued by the government of the importing country or any document equivalent thereto;

3. A document indicating the performance and purpose of use of the goods, etc. to be exported;

4. A document concerning the technical features of the goods, etc. to be exported;

4-2. A written oath made by an end user concerning the purpose of use of exported goods, etc. and other matters;

5. Other documents necessary for export permission or situational permission, determined and publicly notified by the Minister of Trade, Industry and Resources.

(2) Upon receipt of an application for export license or situational license under paragraph (1), the Minister of Trade, Industry and Resources or the head of the relevant administrative agency shall make a decision on whether to grant the export license or catch-all license within 15 days, and shall notify the applicant of the results thereof; provided, the period required for consultation or field inspection shall not be included in calculation of the period set forth in the main clause above, if a separate examination on technology, consultation with relevant domestic or foreign agencies, or field inspection is required for the goods, etc. for which the export license or catch-all license is applied. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2016; Oct. 8, 2024; Oct. 1, 2025>

[Title Amended on Oct. 8, 2024]

Article 33-2(Application for transit or transshipment license) #

(1) A person who intends to transit strategic items or goods, etc. subject to catch-all license (hereinafter referred to as "strategic items, etc.") through a domestic harbor or airport or transship them in the Republic of Korea shall obtain transit or transshipment license in any of the following cases: <Amended on Oct. 1, 2025>

1. Where the person becomes aware that the importer or the end user has intent to use or divert the goods, etc. for manufacturing, developing, using, or storing weapons of mass destruction, etc., or suspects that such intent exists on grounds that the case falls under any subparagraph of Article 19-3;

2. Where the person is notified by the Minister of Trade, Industry and Resources or the head of the relevant administrative agency that transit or transshipment license is required.

(2) A person who intends to obtain transit or transshipment license pursuant to Article 19-4 of the Act shall submit to the Minister of Trade, Industry and Resources or the head of the relevant administrative agency an application for transit or transshipment license publicly notified by the Minister of Trade, Industry and Resources, accompanied by the following documents, as determined and publicly notified by the Minister of Trade, Industry and Resources: <Amended on Oct. 1, 2025>

1. A transaction contract, or a document corresponding thereto;

2. A document on the exporter, importer, end user, etc. related to the transit or transshipment;

3. Any other documents determined and publicly notified by the Minister of Trade, Industry and Resources, which are required to permit the transit or transshipment of strategic items, etc.

(3) Upon receipt of an application for transit or transshipment license under paragraph (2), the Minister of Trade, Industry and Resources or the head of the relevant administrative agency shall make a decision on whether to grant transit or transshipment license within 15 days and then notify the applicant of the results thereof; provided, where a separate examination on technology, consultation with relevant domestic or foreign agencies, or field inspection is required for the strategic items, etc., for which an application for transit or transshipment license has been filed, the period required therefor shall not be included in the period set forth in the main clause above. <Amended on Oct. 1, 2025>

[This Article Added on Oct. 8, 2024]

Article 33-3(Application for brokerage license) #

(1) A person who intends to broker strategic items, etc. pursuant to Article 19-5 of the Act shall submit to the Minister of Trade, Industry and Resources or the head of the relevant administrative agency an application for brokerage license for strategic items, etc., accompanied by the following documents, as determined and publicly notified by the Minister of Trade, Industry and Resources: <Amended on Oct. 1, 2025>

1. A contract, a provisional contract, or any document similar thereto;

2. A document concerning the exporter, importer, broker, etc. involved in the brokerage;

3. A document indicating the performance and purpose of use of the strategic items, etc. subject to brokerage;

4. A document concerning the technical features of the strategic items, etc. subject to the brokerage;

5. A written oath made by an end user concerning the purpose of the strategic items, etc. subject to brokerage and other matters;

6. Other documents determined and publicly notified by the Minister of Trade, Industry and Resources as required for the brokerage license for the strategic items, etc.

(2) Upon receipt of an application for brokerage license under paragraph (1), the Minister of Trade, Industry and Resources or the head of the relevant administrative agency shall make a decision on whether to grant brokerage license within 15 days and then notify the applicant of the results thereof; provided, where a separate examination on technology, consultation with relevant domestic or foreign agencies, or field inspection is required for the goods, etc., for which an application for brokerage license has been filed, the period required therefor shall not be included in the period set forth in the main clause above. <Amended on Oct. 1, 2025>

[This Article Added on Oct. 8, 2024]

Article 33-4(Conditional license) #

Upon receipt of an application for export license, catch-all license, transit or transshipment license, or brokerage license, the Minister of Trade, Industry and Resources or the head of the relevant administrative agency may grant export license, catch-all license, transit or transshipment license, or brokerage license on condition that the following documents are additionally submitted within the period prescribed by the Minister of Trade, Industry and Resources or the head of the relevant administrative agency pursuant to the latter part, other than the subparagraphs, of Article 19-6(1) of the Act: <Amended on Oct. 1, 2025>

1. An installation certificate, including photos, documentation, etc. to verify the installation of strategic items, etc.;

2. An implementation inspection report, including photos, documentation, etc. to verify the use or storage of strategic items, etc.;

3. Other documents deemed necessary by the Minister of Trade, Industry and Resources or the head of the relevant administrative agency for follow-up management of export license, catch-all license, transit or transshipment license, or brokerage license.

[This Article Added on Oct. 8, 2024]

Article 33-5(Validity period of export license) #

(1) Any of the following permission shall be effective for one year:

1. Export license;

2. Catch-all license;

3. Transit or transshipment license;

4. Brokerage license.

(2) In any of the following cases, the Minister of Trade, Industry and Resources or the head of a relevant administrative agency may set an effective period differently from those for permission referred to in each of subparagraphs of paragraph (1): <Amended on Oct. 1, 2025>

1. Where intending to export technology determined and publicly notified by the Minister of Trade, Industry and Resources pursuant to Article 32-2;

2. Where granting export license to a self-compliance trader under Article 25(2) of the Act (including a person who delegates all or part of technology transfer under Article 19(2) of the Act and Article 32-3 of this Decree and a person who conducts technology transfer; hereafter the same shall apply in Articles 43 through 46 and 75);

3. Other than subparagraphs 1 and 2, where the Minister of Trade, Industry and Resources or the head of a relevant administrative agency deems it necessary, taking into consideration the delivery conditions of strategic items, etc., the period or conditions of payment, the nature of trading related to transit or transshipment, brokerage, etc., and other relevant matters.

(3) Further details concerning setting of the effective period of the permission under paragraph (2) may be publicly notified by the Minister of Trade, Industry and Resources in consultation with the head of a relevant administrative agency. <Amended on Oct. 1, 2025>

[This Article Added on Oct. 8, 2024]

Article 33-6(Exemption from export license) #

(1) Pursuant to Article 19-6(3) of the Act, an export of strategic items may be exempt from export license or catch-all license in any of the following cases: <Amended on Oct. 1, 2025>

1. Where an exporter exports public commodities to be used for overseas diplomatic or consular missions, armed forces of the Republic of Korea dispatched overseas, diplomatic envoys, etc.;

2. Exporting machinery, instruments, components, etc. to be used for emergency repair to ensure safe navigation of ships or aircraft;

3. Other cases publicly notified by the Minister of Trade, Industry and Resources in consultation with the head of a relevant administrative agency as deemed necessary to exempt exporters from export permission or situational permission.

(2) Pursuant to Article 19-6(3) of the Act, exemption from transit or transshipment license may be given if the Minister of Trade, Industry and Resources deems that exemption from transit or transshipment license is necessary and gives public notice thereof upon consultation with the head of a relevant administrative agency. <Amended on Oct. 1, 2025>

(3) Pursuant to Article 19-6(3) of the Act, exemption from brokerage license may be given in any of the following cases: <Amended on Oct. 1, 2025>

1. Where export license has been obtained from an exporting country that is part of the international export control regimes, etc.;

2. Where strategic items, etc. are imported or exported through brokerage in an area publicly notified by the Minister of Trade, Industry and Resources;

3. Other cases where the Minister of Trade, Industry and Resources recognizes that exemption from the brokerage license is necessary and gives public notice thereof upon consultation with the head of the relevant administrative agency.

[This Article Added on Oct. 8, 2024]

Article 34 #

Deleted. <Oct. 8, 2024>

Article 35 #

Deleted. <Oct. 8, 2024>

Article 36(Application for determination of strategic items) #

(1) A person who intends to have certain goods, etc. examined to determine whether they are strategic items or goods, etc. subject to catch-all license under subparagraph 13 of Article 19-3 of the Act in accordance with the former part of Article 20(1) of the Act shall file with the Minister of Trade, Industry and Resources or the head of a relevant administrative agency an application for determination, accompanied by the following documents: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2014; Oct. 8, 2024; Oct. 1, 2025>

1. A document indicating the performance and purpose of use of the goods, etc.;

2. A document concerning technical features of the goods, etc.;

3. Other documents necessary for determination of strategic items or goods, etc. subject to catch-all license under subparagraph 13 of Article 19-3 of the Act, which are determined and publicly notified by the Minister of Trade, Industry and Resources.

(2) Upon receipt of an application under paragraph (1), the Minister of Trade, Industry and Resources or the head of the relevant administrative agency shall determine whether the goods, etc. for which the application has been filed fall within the scope of strategic items or goods, etc. subject to catch-all license under subparagraph 13 of Article 19-3 of the Act within 15 days, and shall notify the applicant of the results thereof; provided, the period necessary for the examination on technology or consultation shall not be included in the period set forth in the main clause above, where a separate examination on technology or consultation with another relevant administrative agency is required in connection with the goods, etc. for which the application for determination has been filed. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2014; Oct. 8, 2024; Oct. 1, 2025>

(3) The determination made under paragraph (2) shall be effective for two years. <Amended on Jan. 28, 2014>

(4) Deleted. <Oct. 8, 2024>

Article 37(Entrustment of affairs relating to determination of strategic items) #

Pursuant to the latter part of Article 20(1) of the Act, the Nuclear Safety and Security Commission or the Minister of the Defense Acquisition Program Administration shall entrust the affairs regarding determination and notification under Article 36(2) as to whether goods, etc. under its jurisdiction are strategic items or goods, etc. subject to catch-all license under subparagraph 13 of Article 19-3 of the Act according to the following classification:

1. The Nuclear Safety and Security Commission: The Korea Institute of Nuclear Nonproliferation and Control established under Article 6 of the Nuclear Safety Act;

2. The Minister of the Defense Acquisition Program Administration: The Defense Agency for Technology and Quality established under Article 32 of the Defense Acquisition Program Act.

[This Article Wholly Amended on Oct. 8, 2024]

Article 38 #

Deleted. <Nov. 2, 2009>

Article 39 #

Deleted. <Nov. 2, 2009>

Article 40 #

Deleted. <Oct. 8, 2024>

Article 40-2 #

Deleted. <Oct. 8, 2024>

Article 40-3 #

Deleted. <Oct. 8, 2024>

Article 41 #

Deleted. <Oct. 8, 2024>

Article 41-2 #

Deleted. <Oct. 8, 2024>

Article 42 #

Deleted. <Oct. 8, 2024>

Article 42-2 #

Deleted. <Oct. 8, 2024>

Article 43(Designation of self-compliance traders) #

(1) "Colleges and research institutes prescribed by Presidential Decree" in Article 22(1) of the Act means any of the following colleges and research institutes: <Added on Jan. 28, 2014; Sep. 22, 2016; Oct. 8, 2024; Jan. 27, 2026>

1. Universities and colleges, industrial colleges, junior colleges, and technical colleges under Article 2 of the Higher Education Act;

2. Government-funded science and technology research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

3. Business-affiliated research institutes recognized under Article 7(1) of the Act on Support for Research and Development of Business-Affiliated Research Institutes;

4. Industrial technology research cooperatives under the Act on the Industrial Technology Research Cooperatives Support Act;

5. National or public research institutes;

6. Specific research institutes under Article 2 of the Specific Research Institutes Support Act;

7. Specialized manufacturing technology research institutes under Article 42 of the Industrial Technology Innovation Promotion Act.

(2) "Abilities prescribed by Presidential Decree, including an ability to identify strategic items and to analyze importers and end users" in Article 22(1) of the Act means the following: <Amended on Jan. 28, 2014; Oct. 8, 2024>

1. Ability to discern whether the item in question falls within strategic items;

2. Ability to analyse the identification of importers and end users;

3. Ability to establish and operate a self-controlling organization.

(3) Anyone who wishes to obtain designation as a self-compliance trader under Article 22(1) of the Act shall file an application for designation as a self-compliance trader with the Minister of Trade, Industry and Resources along with the following documents attached thereto: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2014; Oct. 8, 2024; Oct. 1, 2025>

1. A document certifying the fact that the person possesses the abilities under subparagraphs of paragraph (2);

2. Regulations and organizational chart for autonomous exportation and importation management;

3. Other documents determined and publicly notified by the Minister of Trade, Industry and Resources as required for designation as a self-compliance trader.

(4) Deleted. <Oct. 8, 2024>

(5) Upon receipt of an application for designation as a self-compliance trader under paragraph (3), the Minister of Trade, Industry and Resources shall notify the applicant of his or her decision on whether to designate and the grade into which the applicant is classified (limited to cases where the applicant is designated as a self-compliance trader) within 40 days from the date of receipt of the application. <Amended on Jan. 28, 2014; Oct. 1, 2025>

(6) Further details concerning the examination of the abilities for designation of a self-compliance trader under paragraph (2), the determination of a grade, etc. shall be determined and publicly notified by the Minister of Trade, Industry and Resources. <Added on Jan. 28, 2014; Oct. 1, 2025>

Article 44(Scope of self-controlling works by self-compliance traders) #

(1) Pursuant to Article 22(2) of the Act, the Minister of Trade, Industry and Resources may allow a self-compliance trader to autonomously manage the following exportation and importation management affairs: <Amended on Oct. 1, 2025>

1. Management of end users of export licensed goods, etc.;

2. Management of purposes of use of export licensed goods, etc.;

3. Other affairs determined and publicly notified by the Minister of Trade, Industry and Resources in order to efficiently manage the export license system for strategic items.

(2) The Minister of Trade, Industry and Resources may prescribe the contents of autonomous management of importation and exportation affairs under paragraph (1) differently depending on the ratings under Article 22-2(1) of the Act. <Amended on Oct. 1, 2025>

[This Article Wholly Amended on Oct. 8, 2024]

Article 45(Reporting by self-compliance traders) #

Each self-compliance trader shall submit to the Minister of Trade, Industry and Resources a report on the current status or performance for the following matters within the relevant period in accordance with Article 22(3) of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2014; Oct. 8, 2024; Oct. 1, 2025>

1. Semi-annual performance in export license: Within one month from the beginning of the next semi-annual period;

2. Annual status concerning the matters set forth in subparagraphs of Article 43(2): Within one month of the following year.

Article 46(Affairs of Korean security agency of trade and industry) #

"Affairs prescribed by Presidential Decree" in Article 25(5)9 of the Act means the following: <Amended on Oct. 1, 2025>

1. Public relations and consulting for trade security;

2. Assistance affairs including the provision of information for the implementation of special measures to restrict trade under subparagraphs 4 and 4-2 of Article 5;

3. Support for the designation of self-compliance traders, determination on and adjustment of their ratings, and revocation of the designation thereof under Articles 22 and Article 22-2 of the Act;

4. Supporting the Council for Control of Exportation and Importation of Strategic Items under Article 26 of the Act;

5. Affairs entrusted by the Minister of Trade, Industry and Resources with respect to trade security.

[This Article Wholly Amended on Oct. 8, 2024]

Article 47(Organization and operation of the Council for Control of Exportation and Importation of Strategic Items) #

(1) The Council for the Control of Exportation and Importation of Strategic Items under Article 26(1) of the Act (hereinafter referred to as the "Council") shall be chaired by the head of the competent administrative agency depending on the items on the agenda as follows, and the Chairperson of the Council shall determine the scope of attending administrative agencies for assigned affairs to convene a meeting of the Council: <Amended on Nov. 5, 2008; Nov. 2, 2009; Mar. 23, 2013; Jan. 28, 2014; Jul. 26, 2016; Jul. 26, 2017; Oct. 8, 2024; Oct. 1, 2025>

1. The Ministry of Science and Information and Communications Technology (ICT) : Affairs concerning the control of exportation and importation of technology related to strategic items, etc. from among science and technology and information and communications technology;

2. The Ministry of Foreign Affairs: Affairs that affect diplomatic relations and affairs concerning the international rules related to the control of exportation and importation of strategic items, etc.;

3. The Ministry of Unification: Affairs concerning strategic items, etc. from among the items subject to approval for bringing in or taking out under the Inter-Korean Exchange and Cooperation Act and affairs that affect the exchange and cooperation between South and North Korea;

4. The Ministry of National Defense: Affairs concerning the control of exportation and importation of defense industry supplies and defence science and technology under the Defense Acquisition Program Act and affairs that affect national security;

5. The Ministry of Trade, Industry and Resources: Affairs that affect the control of exportation and importation of strategic items, etc. (excluding items used exclusively for nuclear power) and trade negotiations;

6. The Nuclear Safety and Security Commission: Matters concerning the control of exportation and importation of items exclusively used for nuclear energy, among strategic items, etc.;

7. The Korea Customs Service: Matters concerning customs clearance of strategic items, etc. and unauthorized exportation, etc. under Article 21(1) of the Act (hereinafter referred to as "unauthorized exportation, etc.").

8. An intelligence investigative agency (referring to the intelligence investigative agency specified in Article 26(3) of the Act): Affairs concerning domestic and international cooperation on information related to strategic items, etc., exportation and importation of strategic items, etc. affecting national security, unauthorized exportation, etc.

(2) The members of the Council shall be the public officials in the Senior Civil Service of the administrative agencies called to a meeting pursuant to paragraph (1), who are responsible for affairs related to the control of exportation and importation of strategic items.

(3) The Council may establish a working council if necessary to efficiently manage the Council.

(4) Necessary matters concerning the management of the Council and the working council shall be prescribed by agreement between the heads of the relevant administrative agencies as set forth in paragraph (1).

(5) "Intelligence investigative agency specified by Presidential Decree" in Article 26(3) of the Act means the following agencies: <Amended on Jan. 28, 2014; Nov. 19, 2014; Jul. 26, 2017; Aug. 21, 2018; Nov. 1, 2022; Oct. 8, 2024>

1. The National Intelligence Service.

2. The Public Prosecutors' Office;

3. The National Police Agency;

4. The Korea Coast Guard;

5. The Defense Counterintelligence Command.

Article 47-2(Issuance of import certificate for strategic items) #

(1) Anyone who wishes to obtain an import certificate for strategic items pursuant to Article 27 of the Act shall submit to the Minister of Trade, Industry and Resources or the head of the relevant administrative agency an application for issuance of an import certificate for the strategic items, along with the documents determined and publicly notified by the Minister of Trade, Industry and Resources or the head of the relevant administrative agency as required for verifying the purpose of importation of the strategic items, including documents evidencing the end user and the purpose of using such strategic items. <Amended on Oct. 1, 2025>

(2) Upon receipt of an application under paragraph (1), the Minister of Trade, Industry and Resources or the head of the relevant administrative agency shall issue an import certificate for the strategic item within seven days; provided, the period required for an examination on technology or consultation shall not be included in the period set forth in the main clause above, if a separate examination on technology or consultation with another relevant administrative agency is required in connection with the goods, etc. for which the application for certifying the purpose of importation has been filed. <Amended on Oct. 1, 2025>

(3) An import certificate for strategic items issued under paragraph (2) shall be valid for one year.

[This Article Added on Oct. 8, 2024]

Article 48(Training for breachers of obligation to permission) #

(1) Training hours pursuant to Article 49 of the Act (hereinafter referred to as "training") shall be eight or fewer hours.

(2) The Minister of Trade, Industry and Resources or the head of a relevant administrative agency may require the Korean Security Agency of Trade and Industry under Article 25 of the Act, the Korea Institute of Nuclear Nonproliferation and Control under Article 6 of the Nuclear Safety Act, and any other institute determined and publicly notified by the Minister of Trade, Industry and Resources to conduct training. <Amended on Mar. 23, 2013; Jun. 16, 2020; Oct. 8, 2024; Oct. 1, 2025>

(3) Except as provided in paragraphs (1) and (2), necessary matters concerning training shall be prescribed by the Minister of Trade, Industry and Resources after consulting with the head of a relevant administrative agency. <Amended on Mar. 23, 2013; Oct. 1, 2025>

[This Article Wholly Amended on Nov. 2, 2009]

Article 49(Organization and operation of technical advisory team for strategic items) #

(1) The Minister of Trade, Industry and Resources may organize and operate the technical advisory team for strategic items, which shall be responsible for advising on the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2014; Oct. 8, 2024; Oct. 1, 2025>

1. The possibility that the relevant goods, etc. may be used or diverted for the manufacture, development, use, storage, etc. of weapons of mass destruction;

2. Assessment and analysis of goods, etc. subject to international export control regimes;

3. Determination as to whether certain goods, etc. are strategic items.

(2) Necessary matters concerning the organization, operation, etc. of the technical advisory team for strategic items shall be determined and publicly notified by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 50(Application for approval for exportation) #

Anyone who intends to obtain approval for exportation of plants pursuant to Article 32(1) of the Act shall file an application with the Minister of Trade, Industry and Resources along with accompanying documents specified by the Minister of Trade, Industry and Resources. The foregoing shall also apply to approval for any revision thereof. <Amended on Feb. 29, 2008; Oct. 1, 2010; Mar. 23, 2013; Oct. 1, 2025>

Article 51(Facilities) #

"Facilities prescribed by Presidential Decree" in Article 32(1)1 of the Act means the following facilities; provided, facilities exported on a turnkey basis together with an overseas construction project shall be excluded herefrom: <Amended on Oct. 1, 2010>

1. Power generation facilities;

2. Facilities for seawater desalination and water processing;

3. Marine facilities and water rescue facilities;

4. Petroleum treatment facilities and petrochemical facilities;

5. Oil refining facilities and oil supply facilities;

6. Storage tanks and storage base facilities;

7. Freezing and refrigerating facilities;

8. Steel manufacturing/processing facilities and steel structural facilities;

9. Anti-pollution facilities;

10. Air-conditioning facilities;

11. New and renewable energy facilities;

12. Stationary transporting, loading and unloading facilities, and stationary construction facilities;

13. Test and research facilities;

14. Other necessary facilities for industrial activities.

Article 52(Construction works) #

(1) "Construction works" in Article 32(1)2 of the Act means the performance of the following construction works: <Amended on Oct. 1, 2010>

1. Civil engineering works;

2. Building works;

3. Installation works of plants; provided, the foregoing shall not include any construction work in which the equipment or machinery is installed by the exporter of a plant itself or by a person designing or manufacturing any equipment or machinery for exportation.

(2) Notwithstanding the proviso of paragraph (1)3, the Minister of Trade, Industry and Resources may recognize construction works in which the equipment or machinery is installed by the exporter of a plant itself or a person designing or manufacturing the equipment or machinery for exportation, as installation works of plants, only when such person intends to have such construction works recognized as the actual performance of overseas construction works under Article 17(1)1d of the Enforcement Decree of the Overseas Construction Promotion Act. <Amended on Feb. 29, 2008; Oct. 1, 2010; Mar. 23, 2013; Oct. 1, 2025>

Article 53(Request for consent) #

(1) When the Minister of Trade, Industry and Resources intends to obtain prior consent of the Minister of Land, Infrastructure and Transport with regard to his or her approval or revised approval for exportation on a turnkey basis under Article 32(3) of the Act, he or she shall serve, on the competent Minister, a document specifying the overview of the exportation of the relevant plant and the following details: <Amended on Feb. 29, 2008; Jul. 12, 2010; Oct. 1, 2010; Mar. 23, 2013; Oct. 1, 2025>

1. Name (in cases of a corporation, referring to its trade name and name of its representative) and address of the person executing the construction services and works;

2. Business plan for the construction services and works.

(2) Upon receipt of a request pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall notify the Minister of Trade, Industry and Resources of the decision on whether to give his or her consent by no later than 10 days from the date of receiving such request, unless an extenuating circumstance exists. <Amended on Feb. 29, 2008; Jul. 12, 2010; Oct. 1, 2010; Mar. 23, 2013; Oct. 1, 2025>

Article 54(Designation of institutions telated to rxportation of plants) #

(1) The Minister of Trade, Industry and Resources shall comprehensively examine the following matters when designating an institution or organization responsible for the affairs of promoting the projects, such as market surveys for exportation of plants, pursuant to the latter part of Article 32(6) of the Act (hereinafter referred to as an "institution responsible for the promotion of exportation of plants"): <Amended on Feb. 29, 2008; Oct. 1, 2010; Mar. 23, 2013; Oct. 1, 2025>

1. Representativeness for the exporters of plants;

2. Business plan for market surveys, etc.

(2) The Minister of Trade, Industry and Resources may require an institution responsible for the promotion of exportation of plants designated under paragraph (1) to submit a report on the following matters in connection with the promotion of the projects, such as market surveys for exportation of plants: <Amended on Feb. 29, 2008; Oct. 1, 2010; Mar. 23, 2013; Oct. 1, 2025>

1. Trends in the exportation of plants;

2. Matters concerning the promotional activities including market surveys for exportation of plants, exchanged information, awarded contracts, and actual performance of the promoted cooperative movement projects;

3. Other matters concerning the exportation of plants that are requested by the Minister of Trade, Industry and Resources.

[Title Amended on Oct. 1, 2010]

Article 54-2(Institutions providing guarantee services for export contracts between governments) #

"Guarantee and insurance institution prescribed by Presidential Decree" in Article 32-2(1) of the Act means an institution designated by the Minister of Trade, Industry and Resources, from among persons who have conducted business affairs regarding guarantee or insurance for foreign transactions, such as exports and imports, in the Republic of Korea for at least 10 years after evaluating the following: <Amended on Oct. 1, 2025>

1. Financial capacity required to provide the guarantee services referred to in Article 32-2(1) of the Act;

2. Ability to collect, analyze, and assess credit information on parties to foreign transactions, such as exports and imports;

3. System for managing receivables that have accrued in foreign transactions, such as exports and imports.

[This Article Added on Jul. 16, 2014]

Article 54-3(Measures to guarantee performance of export contracts between governments) #

"Measures to guarantee the performance of a contract prescribed by Presidential Decree, including the provision of a guarantee and insurance" in Article 32-3(3)1 of the Act means the following; provided, some of the following measures to guarantee the performance of a contract may be omitted if an agreement has been reached thereon between a foreign government and a domestic company:

1. Providing a guarantee for the repayment of an advance payment, the performance of the contract, the rectification of defects, etc. according to the terms and conditions of the relevant export contract between governments, through a financial company, etc. defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality;

2. Providing the relevant foreign government a guarantee for performance, etc. of the relevant export contract between governments, through a guarantee and insurance institution referred to in Article 32-2(1) of the Act.

[This Article Added on Jul. 16, 2014]

Article 54-4(Authority and responsibilities of dedicated agency) #

(1) If necessary to conclude or implement an export contract between governments, the dedicated agency may request the head of the relevant central administrative agency to render cooperation.

(2) Where an export contract between governments has been concluded, the dedicated agency shall report to the deliberative committee on export contracts between governments (hereinafter referred to as the "Committee") referred to in Article 32-4(1) of the Act, as follows:

1. The status of domestic companies' performance of export contracts between governments shall be ascertained and reported at least semiannually;

2. Matters excluded from deliberation by the Committee pursuant to the proviso of subparagraph 2 of Article 54-5, shall be reported within two weeks from the modification, etc. thereof.

[This Article Added on Jul. 16, 2014]

Article 54-5(Matters subject to deliberation and determination by Deliberative Committee on export contracts between governments) #

"Matters prescribed by Presidential Decree, such as conclusion, modification and cancellation of export contracts" in Article 32-4(1) of the Act means the following: <Amended on Jan. 5, 2021>

1. Matters concerning whether to agree to an export contract between governments intended to be concluded with a foreign government, the evaluation of a domestic company's capabilities to perform a contract, and the appropriateness, etc. of measures to guarantee the performance of a contract that a domestic company is required to take pursuant to Article 32-3(3)1 of the Act;

2. Matters concerning the amendment to an export contract between governments, such as the term or amount of a contract; provided, the following minor matters prescribed by the Committee, shall be excluded herefrom:

a. Modification of the frequency or place of delivery of goods, etc.;

b. Modification of components or specifications;

c. Modification of the method or frequency of payments of the price;

d. Other matters corresponding to those specified in items a through c;

3. Matters concerning the appropriateness of detailed measures to guarantee the performance of a contract, taken by a domestic company pursuant to Article 32-5(2) of the Act;

4. Matters concerning the termination or cancellation of an export contract between governments, due to a domestic company's failure to fulfil its duty to supply goods, etc. according to an export contract between governments; its loss of capabilities to perform a contract following the revocation, suspension, etc. of authorization, permission, license, etc.; or conclusion of the contract by improper means; or for other reasons;

5. Matters referred by the Chairperson of the Committee to the Committee for deliberation and determination in relation to an export contract between governments.

[This Article Added on Jul. 16, 2014]

Article 54-6(Composition and operation of Deliberative Committee on export contracts between governments) #

(1) The following persons shall be members of the Committee, other than the Chairperson: <Amended on Oct. 1, 2025>

1. One person each designated by the head of his or her agency, from among public officials who belong to the Senior Civil Service Corps of the Ministry of Trade, Industry and Resources and the Public Procurement Service;

2. Two persons designated by the head of the dedicated agency, from among the executive officers of such agency;

3. A person designated by the head of his or her agency, from among public officials belonging to the Senior Executive Service of a central administrative agency, who are deemed, by the Chairperson of the Committee, related to the relevant goods, etc. of an export contract between governments;

4. A person designated by the Chairperson of the Committee, from among the executive officers of a guarantee and insurance institution referred to in Article 54-2, on the recommendation of the head of the institution;

5. Not more than seven persons commissioned by the Chairperson, from among persons with extensive knowledge and experience in a sector related to export contracts between governments.

(2) The term of office of a commissioned member referred to in paragraph (1)5 shall be two years and may be consecutively renewed.

(3) The Chairperson shall convene and preside over meetings of the Committee.

(4) Where the Chairperson is unable to perform his or her duties for any unavoidable reason, a member pre-designated by the Chairperson shall act on behalf of the Chairperson.

(5) A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least two-thirds of those present.

(6) The Committee may organize and operate a subcommittee to efficiently assess domestic companies' capabilities to perform contracts.

(7) Except as provided in paragraphs (1) through (6), matters necessary for the composition and operation of the Committee shall be determined by the Chairperson by a resolution of the Committee.

[This Article Added on Jul. 16, 2014]

Article 54-7(Measures to guarantee performance of contracts by domestic companies) #

"Measures to guarantee the performance of a contract prescribed by Presidential Decree, such as the provision of a guarantee and insurance" in Article 32-5(2) of the Act means measures referred to in Article 54-3.

[This Article Added on Jul. 16, 2014]

Article 55(Designation of goods subject to marking of origin) #

(1) Where the Minister of Trade, Industry and Resources intends to provide a public announcement of the goods subject to marking of the origin pursuant to Article 33(1) of the Act (hereinafter referred to as "goods subject to marking of origin"), he or she shall first consult with the head of the relevant administrative agency having jurisdiction over the relevant goods. <Amended on Feb. 29, 2008; Oct. 1, 2010; Mar. 23, 2013; Oct. 1, 2025>

(2) "Simple processing prescribed by Presidential Decree" in Article 33(2) of the Act means processing works, such as packaging activities of a product for sale, simple activities for maintaining product value, etc. that are insufficient for intrinsically characterizing a product, and the detailed scope of such processing works shall be determined and publicly notified by the Minister of Trade, Industry and Resources following consultation with the head of the competent central administrative agency. <Added on Oct. 1, 2010; Mar. 23, 2013; Oct. 1, 2025>

[Title Amended on Oct. 1, 2010]

Article 56(Method of marking of origin on imported or exported goods) #

(1) Anyone who intends to import any goods subject to marking of origin shall attach a mark of origin on the relevant goods in compliance with the following:

1. The mark shall be printed in Korean, Chinese, or English;

2. The mark shall be indicated in a typeface easily readable to end purchasers;

3. The mark shall be located on a conspicuous part;

4. The mark shall be indicated in a way making it impracticable to erase or remove.

(2) Notwithstanding paragraph (1), if it is deemed impracticable or unnecessary to mark the origin on certain goods, and the goods meet the standards determined and publicly notified by the Minister of Trade, Industry and Resources, the origin may be either indicated or omitted, as determined and publicly notified by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(3) Except as provided in paragraph (1), necessary matters concerning the method of marking the origin of imported goods shall be determined and publicly notified by the Minister of Trade, Industry and Resources; provided, if deemed necessary for protecting consumers, the head of the competent central administrative agency having jurisdiction of specific imported goods may determine and publicly notified separate details concerning the marking of the origin of such goods, in consultation with the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(4) Deleted. <Oct. 1, 2010>

(5) When the origin of certain goods is marked for exportation, the origin shall be marked in accordance with the method prescribed in each of subparagraphs of paragraph (1), whereas if any regulations of the importing country of the goods stipulate marking the origin differently, the origin may be marked in compliance with such regulations; provided, the goods imported and re-exported after simple processing works in the Republic of Korea shall not mark the Republic of Korea as the origin thereof.

Article 57(Confirmation of method of marking of origin) #

(1) Anyone who is obligated to marking the origin of certain goods in accordance with method of marking the origin provided for in Article 56 may request the Minister of Trade, Industry and Resources in writing to confirm the proper method of marking the origin of the specific goods before importing the goods in question. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) Anyone who has an objection to the method of indicating the origin confirmed by the Minister of Trade, Industry and Resources pursuant to paragraph (1) may file such objection with the Minister of Trade, Industry and Resources in writing within 30 days from the date such confirmation is notified. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(3) Necessary matters concerning the request for confirmation as to the method of marking the origin and objection to the confirmation shall be determined and publicly notified by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(4) As regards the importers of goods subject to marking of origin under Article 33(3) of the Act, the Minister of Trade, Industry and Resources may inspect how and whether the origin is marked in accordance with Article 56(1) through (3), when such goods are being processed for customs clearance. In such cases, the method, procedure, etc. for the inspection shall be determined and publicly notified by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Oct. 1, 2010; Mar. 23, 2013; Oct. 1, 2025>

Article 57-2(Investigation of materials) #

"Relevant materials prescribed by Presidential Decree" in Article 33(5) of the Act means the following materials: <Amended on Mar. 23, 2013; Dec. 9, 2022; Oct. 1, 2025>

1. Materials concerning information on traders and distributors of imported goods, etc.;

2. Materials concerning prices, quantities, quality, manufacturing or fabricating processes of imported goods, etc.;

3. Other materials deemed necessary by the Minister of Trade, Industry and Resources for verifying whether the marking of origin is violated.

[This Article Added on Oct. 1, 2010]

[Title Amended on Dec. 9, 2022]

Article 58(Corrective measures against goods in violation of provisions concerning marking of origin) #

(1) Corrective measures to be taken pursuant to Article 33-2(1) of the Act in detail are as follows: <Amended on Oct. 1, 2010; Feb. 18, 2020>

1. Orders to reinstate, correct, delete, or place a mark of origin;

2. Suspension of transactions or sales of goods violating the provisions concerning the marking of origin.

(2) An order to take any corrective measure pursuant to Article 33-2(1) of the Act shall be issued in writing, clearly specifying the following matters: : <Amended on Oct. 1, 2010; Feb. 18, 2020>

1. Details of contravening activities;

2. Grounds for and details of an order to take a corrective measure;

3. Deadline for such corrective measure to be taken.

Article 59(Imposition and payment of penalty surcharges) #

(1) Where the Minister of Trade, Industry and Resources or the Mayor/Do Governor intends to impose a penalty surcharge under Article 33-2(2) of the Act, he or she shall notify in writing of the demand for the payment, clearly stating the nature of the violation and the amount of the penalty surcharge. <Amended on Feb. 29, 2008; Oct. 1, 2010; Mar. 23, 2013; Jan. 28, 2014; Oct. 1, 2025>

(2) The person notified pursuant to paragraph (1) shall pay the penalty surcharge within 20 days from the date of notification of payment to a receiving agency designated by the Minister of Trade, Industry and Resources or a Mayor/Do Governor. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2014; Dec. 12, 2023; Oct. 1, 2025>

(3) Upon receipt of a penalty surcharge under paragraph (2), the receiving agency shall issue a receipt thereof to the payer.

(4) Upon receipt of a penalty surcharge under paragraph (2), the receiving agency shall notify the Minister of Trade, Industry and Resources or the Mayor/Do Governor thereof without delay. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2014; Oct. 1, 2025>

(5) Deleted. <Jan. 28, 2014>

Article 59-2(Extension of deadline for payment of penalty surcharges and installment payment) #

(1) Where the amount of a penalty surcharge to be paid by a person on whom a penalty surcharge is imposed pursuant to Article 33-2(2) of the Act exceeds 10 million won, or where a person on whom a penalty surcharge is imposed is a small and medium enterprise, the Minister of Trade, Industry and Resources or the Mayor/Do Governor may extend the deadline for payment of the penalty surcharge or allow the person to pay the penalty surcharge in installments pursuant to the proviso of Article 29 of the Framework Act on Administration. <Amended on Dec. 12, 2023; Oct. 1, 2025>

(2) Deleted. <Dec. 12, 2023>

(3) The extension of the deadline for payment under paragraph (1) shall not exceed one year from the next day of the initial deadline.

(4) Where a penalty surcharge is allowed to be paid in installments under paragraph (1), the term between payments shall not exceed four months and the number of installment payments shall not exceed three.

(5) Deleted. <Dec. 12, 2023>

[This Article Added on Jan. 28, 2014]

[Title Amended on Dec. 12, 2023]

Article 60(Types of violations subject to imposition of penalty surcharges and amount of penalty surcharges) #

(1) The types of violations subject to the imposition of penalty surcharges under Article 33-2(2) of the Act and the amounts of penalty surcharges according to the severity of violation are set forth in Appendix 2 hereto. <Amended on Oct. 1, 2010; Jan. 28, 2014>

(2) The Minister of Trade, Industry and Resources or the Mayor/Do Governor may aggravate or abate the amount of a penalty surcharge within the range of half of the amount of penalty surcharge under paragraph (1), taking into consideration the scale of exportation or importation of the relevant trader, etc., whether the relevant trader, etc. is a small or medium enterprise, and the severity and frequency of violations; provided, the total amount of penalty surcharges shall not exceed 300 million won, even when it is aggravated. <Amended on Feb. 29, 2008; Nov. 2, 2009; Mar. 23, 2013; Jan. 28, 2014; Dec. 9, 2022; Oct. 1, 2025>

Article 60-2(Announcement of offenders of duty to mark origin) #

(1) Persons to be announced under Article 33-2(5) of the Act shall be those on whom the imposition of a penalty surcharge under paragraph (2) of the said Article has been confirmed and who fall under any of the following cases:

1. Where the value of the relevant goods, etc. violating the duty to mark an origin on an export or import declaration that is filed according to the classification of subparagraphs of Appendix 2 (in cases of sellers, referring to an amount calculated by adding the value of sale of the sold goods, etc. to the purchase price of the goods, etc. which are not yet sold, after classifying goods, etc. into those sold and those not sold; hereafter in this paragraph referred to as "value of the goods, etc. violating the duty to mark an origin") exceeds 1 billion won (in cases of items falling under categories 1 through 24 from among items specified in Appendix of the Customs Act and salt, referring to 500 million won);

2. Where the sum of the penalty surcharges for the following violations, from among the value of the goods, etc. violating the duty to mark an origin falling under subparagraph 3 or 4 of Appendix 2, concerning items referred to in categories 1 through 24 and salt specified in the Appendix of the Customs Act, exceeds 50 million won:

a. Marking a false or misleading origin claiming that the goods, etc. concerned are of domestic origin;

b. Making changes to origin marking to claim that the goods, etc. concerned are of domestic origin;

3. Where all the following conditions are met:

a. Penalty surcharges are imposed under Article 33-2(2) of the Act, not less than three times within the period of two years from the date when a penalty surcharge is imposed under Article 33-2(2) of the Act (including the date on which the period commences);

b. The imposition of penalty surcharges under item a is confirmed not less than three times;

c. The amount calculated by adding up the values of the goods, etc. violating the duty to mark an origin, which served as the grounds for the confirmed imposition of penalty surcharges under item b exceeds 50 million won;

4. Where a person violates the duty to mark an origin on the items falling under categories 1 through 24 and salt specified in the Appendix of the Customs Act and meets all the following conditions:

a. Penalty surcharges are imposed under Article 33-2(2) of the Act, not less than three times within the period of two years from the date when a penalty surcharge is imposed under Article 33-2(2) of the Act (including the date on which the period commences);

b. The imposition of penalty surcharges under item a is confirmed not less than three times;

(2) The Minister of Trade, Industry and Resources or the Mayor/Do Governor shall make public the following matters related to persons to be announced under paragraph (1) on the website of the Ministry of Trade, Industry and Resources or of the City/Do under Article 33-2(5) of the Act: <Amended on Oct. 1, 2025>

1. The title "Announcement of Violations of the Duty to Mark Origin under the Foreign Trade Act";

2. The Names or trade names (in cases of corporations, including the names of their representatives) and addresses (in cases of corporations, including the addresses of principal business offices and places of business violating the duty to mark an origin) of offenders;

3. The kinds and trade names of goods, etc. violating the duty to mark an origin and details of violations;

4. The competent authorities to deal with the violations of the duty to mark an origin, the date and details of disposition.

[This Article Added on Jan. 28, 2014]

Article 60-3(Request for materials) #

In order to ensure that the affairs under Articles 33 and 33-2 of the Act are executed in a uniformed and smooth manner, the Minister of Trade, Industry and Resources may request the heads of local governments to submit materials regarding the relevant affairs. <Amended on Oct. 1, 2025>

[This Article Added on Jan. 28, 2014]

Article 61(Criteria for assessment of origin of imported or exported goods) #

(1) The origin of certain imported goods pursuant to Article 34 of the Act shall be assessed in accordance with any of the following criteria: <Amended on Nov. 5, 2008>

1. If the whole imported goods are those gathered or produced entirely in one particular country (hereinafter referred to as "wholly obtained goods"), such country shall be the origin of the goods;

2. If two or more countries are involved in the production, manufacturing, or processing of imported goods, the country in which activities to finally and substantially transform the goods and give essential characteristics to the goods (hereinafter referred to as "substantial transformation") have been performed, shall be the origin of the goods;

3. If two or more countries are involved in the production, manufacturing, or processing of certain goods imported, the country in which simple processing works have been carried out shall not be the origin.

(2) Further specific matters concerning the criteria for the assesment of origin, including the criteria for wholly obtained goods, substantial transformation, and simple processing works under paragraph (1) shall be determined and publicly notified by the Minister of Trade, Industry and Resources, in consultation with the heads of relevant central administrative agencies. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(3) The provisions of paragraphs (1) and (2) shall apply mutatis mutandis to assessment of the origin of exported goods under Article 34 of the Act, and where the criteria for assessment of the origin of such goods are different from the criteria adopted by an importing country, the origin may be assessed in accordance with the criteria for assessment of the origin adopted by an importing country. <Added on Nov. 5, 2008>

Article 62(Procedures for assessment of origin) #

(1) Anyone who seeks assessment on the origin of exported or imported goods in accordance with Article 34(3) of the Act shall file an application stating the item code of the goods under the Harmonized Tariff and Statistical Schedules (referring to the Harmonized Tariff and Statistical Schedules under Article 98 of the Enforcement Decree of the Customs Act; hereinafter the same shall apply), the item name (including the model name), the reason for the application, the origin asserted by the applicant, etc. with the Minister of Trade, Industry and Resources along with one sample and other materials necessary for the assessment of the origin; provided, the submission of sample may be omitted, if it is impracticable to submit the sample in light of the nature of the goods or if it is deemed that there is no problem in the assessment of the origin of the goods without a sample. <Amended on Feb. 29, 2008; Oct. 1, 2010; Mar. 23, 2013; Oct. 1, 2025>

(2) Where it is impracticable for the Minister of Trade, Industry and Resources to assess the origin of exported or imported goods because the application submitted in accordance with paragraph (1) is inadequately or improperly prepared, he or she may require the applicant to correct the material within a specified period, and may return the application, etc. if it is not corrected within such period. <Amended on Feb. 29, 2008; Oct. 1, 2010; Mar. 23, 2013; Oct. 1, 2025>

(3) Upon receipt of an application for the assessment of the origin pursuant to paragraph (1), the Minister of Trade, Industry and Resources shall make the assessment of the origin within 60 days, and shall notify the applicant of the results thereof in writing; provided, the period required for the collection of materials, etc. in connection with the assessment shall not be included in the period set forth above. <Amended on Feb. 29, 2008; Oct. 1, 2010; Mar. 23, 2013>

(4) If there exists any discrepancy between the results of the assessment of the origin and the applicant's assertion, the grounds, etc. for the assessment shall be clearly stated. <Amended on Oct. 1, 2010>

(5) The method of the application for the assessment of the origin and other necessary matters concerning the method of prior assessment shall be determined and publicly notified by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Oct. 1, 2010; Mar. 23, 2013; Oct. 1, 2025>

[Title Amended on Oct. 1, 2010]

Article 63(Objections) #

(1) Anyone who intends to raise an objection to the assessment of the origin under Article 34(5) of the Act, shall file such objection, stating the item code of the goods under the Harmonized Tariff and Statistical Schedules, the item name (including the model name), the reason for the objection, the origin asserted by the applicant, etc., with the Minister of Trade, Industry and Resources along with the materials necessary for the assessment of the origin. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) If it is impracticable to make a decision on the objection filed because the objection, etc. submitted pursuant to paragraph (1) has been inadequately or improperly prepared, the Minister of Trade, Industry and Resources may require to correct the materials within a specified period of time, or may return the objection, etc., if it is not corrected within such period of time. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(3) The Minister of Trade, Industry and Resources may seek advice from the relevant experts or hear the opinions of the interested persons, to make a decision on the objection filed pursuant to paragraph (1). <Amended on Oct. 20, 2008; Mar. 23, 2013; Oct. 1, 2025>

(4) Further details necessary for the procedure for raising an objection to the assessment of origin shall be prescribed by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 64 #

Deleted. <Oct. 20, 2008>

Article 65(Submission of certificate of origin of imported goods) #

(1) The Minister of Trade, Industry and Resources may require a person who intends to import certain goods determined and publicly notified by the Minister of Trade, Industry and Resources from a specific area determined and publicly notified by the Minister of Trade, Industry and Resources pursuant to Article 36 of the Act to submit when importing the goods a certificate of origin issued by any of the following institutions: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

1. The country of origin of the goods;

2. The government of the country where the goods are shipped;

3. An institution recognized by the country under subparagraph 1 or the government under subparagraph 2.

(2) Other matters necessary for the certificate of origin under para-graph (1) shall be determined and publicly notified by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 66(Guidelines for issuing certificates of origin) #

(1) The guidelines for issuing a certificate of origin for exported goods or goods, etc. produced domestically using imported raw materials and distributed or sold domestically (hereinafter referred to as "domestically produced goods, etc.") under Article 37(1) of the Act shall be as follows: <Amended on Dec. 9, 2022; Oct. 1, 2025>

1. Guidelines set by treaties or agreements concluded or promulgated under the Constitution;

2. Guidelines set by the other country of import;

3. Guidelines set and publicly announced by the Minister of Trade, Industry and Resources under Article 35 of the Act.

(2) A person who intends to be issued with a certificate of origin for exported goods or domestically produced goods, etc. shall file an application for the issuance of a certificate of origin for the exported goods or domestically produced goods, etc. with the Minister of Trade, Industry and Resources, along with the following documents: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 9, 2022; Oct. 1, 2025>

1. A document concerning the purchaser and supplier;

2. A document concerning the price, quantity, etc.;

3. Other documents determined and publicly announced by the Minister of Trade, Industry and Resources as necessary for certifying the origin of the exported goods or domestically produced goods, etc.

(3) Upon receipt of an application under paragraph (2), the Minister of Trade, Industry and Resources shall inspect and examine as to whether it complies with the guidelines for issuing the certificate of origin pursuant to paragraph (1) to make a decision on whether to issue it, and shall issue the certificate of origin for the exported goods or domestically produced goods, etc. accordingly. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 9, 2022; Oct. 1, 2025>

(4) Each certificate of origin under paragraph (3) shall be effective for one year; provided, the effective period may differ, if any treaty or agreement concluded and promulgated pursuant to the Constitution of the Republic of Korea provides for a different effective period. <Amended on Dec. 9, 2022>

(5) Except as provided in paragraphs (1) through (4), details necessary for issuance, etc. of a certificate of origin of the exported goods or domestically produced goods, etc. shall be determined and publicly notified by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 9, 2022; Oct. 1, 2025>

[Title Amended on Dec. 9, 2022]

Article 67(Simple processing works) #

"Simple processing works" in Article 38 of the Act means the activities set forth in the standards of the simple processing works, publicly notified pursuant to Article 61(2).

Article 68(Limitations on quantity of imports) #

(1) Where the Minister of Trade, Industry and Resources imposes limitations on the quantity of imports pursuant to Article 39(1) of the Act, the limited quota shall be equivalent to or more than the quantity calculated by converting the quantity of imports during the recent representative three years into the average quantity of annual imports (hereinafter referred to as the "standard quantity"). In such cases, the years during which the quantity of imports sharply increased or decreased in comparison with the ordinary quantity of imports shall be excluded in determining the recent representative years. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) The Minister of Trade, Industry and Resources may, notwithstanding paragraph (1), restrict the quantity of imports to less than the standard quantity, if it is found obviously impracticable to prevent or redress serious damage to related industries caused by placing limitations on the quantity of imports more than the standard quantity. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(3) The Minister of Trade, Industry and Resources may set up a quota of imports subject to limitations pursuant to paragraph (1) or (2) for each relevant country. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 69(Extension of limitations on quantity of imports) #

Upon receipt of a recommendation from the Korea Trade Commission to alter existing limitations on the quantity of imports regarding the details of limitations or extension of the enforceable period, the Minister of Trade, Industry and Resources shall make a decision on whether to alter such limitations or extend the enforceable period within one month after such recommendation is received (or, if an extension of the period is involved, by no later than the end of the enforceable period of the limitations on the quantity of imports under Article 39(1) of the Act), and shall notify the Korea Trade Commission of the measure taken. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 70 #

Deleted. <Jul. 26, 2016>

Article 71 #

Deleted. <Nov. 2, 2009>

Article 72 #

Deleted. <Nov. 2, 2009>

Article 73 #

Deleted. <Nov. 2, 2009>

Article 74 #

Deleted. <Nov. 2, 2009>

Article 75(Notice of trade dispute) #

(1) Upon receipt of a report on the occurrence of a trade dispute from a trader of a trading partner country or the head of a trade dispute settlement institution, or when the occurrence of such a trade dispute comes to his or her knowledge while performing the duties, the head of a diplomatic mission of the Republic of Korea in a foreign country shall notify the Minister of Trade, Industry and Resources of the fact without delay. The foregoing shall also apply to the Korea Trade-Investment Promotion Agency, export and import associations, and other institutions relating to exportation and importation. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) Upon receipt of a notice of the occurrence of a trade dispute in accordance with paragraph (1), the Minister of Trade, Industry and Resources may initiate mediation or conciliation, when it is deemed necessary for the expeditious settlement of such dispute. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 76(Cases where preshipment inspection regarded as trade barrier) #

Where a preshipment inspection institution under Article 45(1) of the Act has caused an obstacle against exportation while conducting the preshipment inspection in violation of Article 2 of the World Trade Organization’s Agreement on Preshipment Inspection, the preshipment inspection shall be deemed to have functioned as a trade barrier.

Article 77 #

Deleted. <Oct. 20, 2008>

Article 78 #

Deleted. <Oct. 20, 2008>

Article 79 #

Deleted. <Oct. 20, 2008>

Article 80(Application for dispute mediation) #

(1) When a dispute arises in connection with a trading transaction or preshipment inspection, either party or both parties concerned to the dispute may file an application for mediation of the dispute with the Minister of Trade, Industry and Resources in accordance with Article 44(4) or 45(2) of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) Necessary matters concerning the application such as the procedure for the application under paragraph (1), shall be determined and publicly notified by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(3) The Minister of Trade, Industry and Resources may seek advice from the relevant specialists or hear the opinions of the interested persons, etc. for dispute mediation. <Added on Oct. 20, 2008; Mar. 23, 2013; Oct. 1, 2025>

[Title Amended on Oct. 20, 2008]

Article 81(Preparation of mediation proposal) #

(1) Upon receipt of an application for mediation, the Minister of Trade, Industry and Resources shall prepare a mediation proposal within 30 days and present such proposal to the relevant parties. <Amended on Feb. 29, 2008; Presidential Decree 21087, Oct. 20, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) The mediation proposal under paragraph (1) shall contain the following matters: <Amended on Oct. 20, 2008>

1. Description of the case under mediation;

2. Date, time, and place of the mediation;

3. Name or trade name of the parties;

4. Main text of the mediation proposal.

Article 82(Notification of mediation proposal) #

(1) The Minister of Trade, Industry and Resources shall, when a mediation proposal is completely drawn up in accordance with Article 81, notify the relevant parties thereof. <Amended on Oct. 20, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) Upon receipt of the notice of the mediation proposal under paragraph (1), each party to the dispute shall notify the Minister of Trade, Industry and Resources in writing of whether he or she accepts the proposal, within seven days. <Amended on Oct. 20, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 83(Termination of mediation) #

(1) The Minister of Trade, Industry and Resources may terminate a mediation case on any of the following grounds: <Amended on Oct. 20, 2008; Mar. 23, 2013; Oct. 1, 2025>

1. When the parties concerned have reached an agreement for settlement or accepted the mediation proposal;

2. When an applicant for mediation or either party concerned withdraws the mediation application;

3. When either party concerned rejects the mediation proposal;

4. When it is deemed impossible for the parties concerned to reach an agreement, or it is considered unnecessary to proceed with the mediation any further.

(2) The Minister of Trade, Industry and Resources shall, when terminating a mediation, issue notice to the parties concerned thereof. <Amended on Oct. 20, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 84(Mediation cost) #

(1) The Minister of Trade, Industry and Resources may require the parties concerned to a mediation to bear the expenses for mediation conducted pursuant to this Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) The costs of mediation shall be divided into application fees, expenses, and allowances, and necessary matters concerning the amount of the mediation costs, advance payment procedures, etc. shall be determined and publicly notified by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 85(Arbitral institution for preshipment inspection) #

(1) An incorporated association designated by the Minister of Trade, Industry and Resources pursuant to Article 40 of the Arbitration Act (hereinafter referred to as the "Korean Commercial Arbitration Board") shall serve as the arbitral institution under Article 45(3) of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) Arbitrations under Article 45(3) of the Act shall be governed by the Arbitration Act.

Article 86(Relationship to dispute settlement procedure under World Trade Organization Agreement) #

The procedure for the settlement of disputes arising in preshipment inspections pursuant to this Act shall not interfere with the procedure for dispute settlement under the World Trade Organization Agreement.

Article 87(Guidelines for issuing order of coordination) #

If deemed necessary, the Minister of Trade, Industry and Resources may determine and publicly notify the guidelines for issuing an order of coordination pursuant to Article 46(1)3 of the Act. In such cases, the Minister of Trade, Industry and Resources shall seek an opinion from the head of the competent central administrative agency having jurisdiction over the relevant goods. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 88(Coordination orders) #

(1) The Ministry of Trade, Industry and Resources may seek advice from the relevant specialists or consider the opinions of the interested persons, etc., in order to issue an order of coordination under Article 46 of the Act. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(2) When the Minister of Trade, Industry and Resources issues an order of coordination under Article 46 of the Act, he or she shall publicly announce reasons, subjects, details, etc. of such order, unless any extenuating circumstance exists, such as likelihood of violating confidentiality of a trade secret. <Amended on Mar. 23, 2013; Oct. 1, 2025>

[This Article Wholly Amended on Aug. 20, 2008]

Article 89 #

Deleted. <Dec. 30, 2015>

Article 90(Fees) #

Any person who intends to be issued with a certificate of origin of exported goods or domestically produced goods, etc. in accordance with Article 37 of the Act shall pay a fee determined and publicly notified by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 9, 2022; Oct. 1, 2025>

Article 91(Delegation and entrustment of authority) #

(1) Pursuant to Article 52(1) of the Act, the Minister of Trade, Industry and Resources shall entrust the following authority to the head of each central administrative agency having jurisdiction over the goods, etc. according to the items of such goods, etc.; provided, the authority over the goods, etc. under the jurisdiction of the Minister of Trade, Industry and Resources shall be excluded herefrom: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2014; Oct. 1, 2025>

1. Authority to place restrictions on the importation of raw materials or equipment for foreign exchange earnings under Article 24(2);

2. Authority to make a decision on the standard requirements for raw materials or equipment for foreign exchange earnings under Article 25;

3. Authority to set and extend a period for fulfilling the obligation to earn foreign exchange under Article 27;

4. Authority over the following in connection with raw materials or equipment for foreign exchange earnings or the goods, etc. manufactured with such raw materials or equipment (applicable only to the items determined and publicly notified by the Minister of Trade, Industry and Resources):

a. Authority to conduct the follow-up management to monitor whether the obligation to earn foreign exchange is fulfilled in accordance with Article 28(1);

b. Authority to approve any change in the purpose of use under Article 17(1) of the Act;

c. Authority to approve transfer or assignment under Article 17(2) of the Act;

5. Authority to issue a coordination order under Article 46(1) of the Act;

6. Authority to direct and supervise the affairs delegated pursuant to paragraph (3)2 to the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, or the Governor of a Special Self- Governing Province (hereinafter referred to as the "Mayor/Do Governor") and to request the submission of materials pursuant to Article 52(2) and (3) of the Act.

(2) Pursuant to Article 52(1) of the Act, the Minister of Trade, Industry and Resources shall delegate the following authority over the items of goods, etc. under the jurisdiction of the Minister of Trade, Industry and Resources to the Administrator of the Korean Agency for Technology and Standards; provided, the authority over wooden furniture out of the authority under subparagraph 1 shall be entrusted to the Director General of the Korea Forest Research Institute: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 11, 2013; Oct. 1, 2025>

1. Authority to determine the requirements for raw materials or equipment for foreign exchange earnings under Article 25;

2. Authority to conduct follow-up management to monitor whether the obligation to earn foreign exchange is fulfilled in accordance with Article 28(1);

3. Authority to direct and supervise the affairs delegated pursuant to paragraph (3)2 to the Mayor/Do Governor and to request the submission of materials pursuant to Article 52(2) and (3) of the Act;

4. Authority to direct and supervise the affairs entrusted pursuant to paragraph (7)2 and 3 to relevant administrative agencies or organizations designated and publicly notified by the Minister of Trade, Industry and Resources and to request the submission of materials pursuant to Article 52(2) and (3) of the Act.

(3) Pursuant to Article 52(1) of the Act, the Minister of Trade, Industry and Resources shall delegate the following authority over the goods, etc. under the jurisdiction of the Minister of Trade, Industry and Resources to the Mayor/Do Governor; provided, the authority over the business entities within the jurisdiction of any administration agency of a free trade zone shall be delegated to the administrator of each administration agency of a free trade zone: <Amended on Feb. 29, 2008; Nov. 5, 2008; Nov. 2, 2009; Oct. 1, 2010; Mar. 23, 2013; Oct. 1, 2025>

1. Authority to extend the period for the obligation to earn foreign exchange under Article 27(2) and (3);

2. Authority to approve any change in the purpose of use under Article 17(1) of the Act;

3. Deleted; <Jan. 28, 2014>

4. Deleted; <Jan. 28, 2014>

5. Deleted. <Jan. 28, 2014>

(4) Pursuant to Article 52(1) of the Act, the Minister of Trade, Industry and Resources shall entrust the head of each customs office with the following authority; provided, the authority over the business entities within the jurisdiction of each administration agency of a free trade zone out of the authority under subparagraph 6 shall be delegated to the administrator of each administration agency of a free trade zone: <Amended on Feb. 29, 2008; Nov. 5, 2008; Nov. 2, 2009; Oct. 1, 2010; Mar. 23, 2013; Jan. 28, 2014; Oct. 8, 2024; Oct. 1, 2025>

1. Authority to confirm the exemption from approval for exportation or importation under Article 14 of the Act;

2. Authority to confirm the indication of origin under Article 57(4);

3. Authority to inspect imported goods, etc. and related documents under Article 33(5) of the Act;

4. An order to take corrective measures under Article 33-2(1) of the Act;

4-2. Authority to impose a penalty surcharge under Article 33-2(2) of the Act, to extend the deadline for the payment of a penalty surcharge under Article 59-2 of this Decree, to make a decision on installment payment of a penalty surcharge, and to revoke such decision;

5. Authority to issue an order to submit a certificate of origin under Article 65;

6. Authority over the affairs related to the issuance of a certificate of origin for customs concessions out of the affairs related to the issuance of certificates of origin under Article 66(2) and (3);

7. Authority to impose and collect an administrative fine against a person specified in Article 59(2)3 of the Act (limited to cases in accordance with the authority referred to in subparagraph 3 of this paragraph), pursuant to paragraph (4) of the same Article.

(5) Pursuant to Article 52(1) of the Act, the Minister of Trade, Industry and Resources shall entrust the following affairs to the Korea International Trade Association, the Korea Shipowners' Association established with permission from the Minister of Oceans and Fisheries in accordance with Article 32 of the Civil Act (hereinafter referred to as the "Korea Shipowners' Association"; only for the affairs set forth in subparagraph 4), the Korea Tourism Association and tourism associations for each business type under Articles 41(1) and 45(1) of the Tourism Promotion Act (only for the affairs set forth in subparagraph 5 respectively), and the Korea Software Industry Association under Article 10 of the Software Promotion Act (hereinafter referred to as the "Korea Software Industry Association"; only for the affairs set forth in subparagraph 6) respectively: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 16, 2014; Dec. 8, 2020; Dec. 19, 2023; Oct. 1, 2025>

1. Designation of a specialized trading company under Article 8-2(1) of the Act and Article 12-2(2) and (3) of this Decree, and revocation of the designation under Article 8-2(3) of the Act;

1-2. Development and operation of computerized management systems for establishing a database on export or import statistics, including the grant, management, etc. of trader identification numbers pursuant to Article 21(1);

2. Collection and analysis of information relating to exportation or importation under Article 22(2);

3. Confirmation of exportation or importation of services under Article 23;

4. Confirmation of exportation or importation of the marine transportation service out of services under Article 23;

5. Confirmation of exportation or importation of the tourism service out of services under Article 23;

6. Confirmation of exportation or importation of intangible goods in an electronic form under Article 23.

(6) Pursuant to Article 52(1) of the Act, the Minister of Trade, Industry and Resources shall entrust the following authority to the Commissioner of the Korea Customs Service: <Amended on Feb. 29, 2008; Nov. 5, 2008; Nov. 2, 2009; Oct. 1, 2010; Mar. 23, 2013; Dec. 9, 2022; Oct. 1, 2025>

1. Authority to prescribe details concerning the method of indicating origin within the extent of the method of indicating an origin prescribed by the Minister of Trade, Industry and Resources pursuant to the main clause of Article 56(3);

1-2. Authority to verify the method of indicating an origin and to deal with objections pursuant to Article 57(1) and (2);

1-3. Authority to make public under Article 60-2(2);

2. Authority to make the assessment of the origin and deal with objections thereof pursuant to Articles 62 and 63;

3. Authority to direct and supervise the affairs entrusted pursuant to paragraph (4) to the heads of customs offices and request the submission of materials pursuant to Article 52(2) and (3) of the Act.

(7) Pursuant to Article 52(1) of the Act, the Minister of Trade, Industry and Resources shall entrust the following authority over the goods, etc. subject to approval for exportation or importation to the heads of the relevant administrative agencies or organizations designated and publicly notified by the said Minister: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2014; Oct. 1, 2025>

1. Authority to grant approval or revised approval for exportation or importation, to set and extend the effective period of approval, and to accept a report on any change thereof pursuant to Article 11(2) through (5) of the Act;

2. Authority to approve importation of raw materials or equipment for foreign exchange earnings pursuant to Article 24;

3. Authority to conduct follow-up management under Article 28 for raw materials or equipment for foreign exchange earnings under the jurisdiction of the Minister of Trade, Industry and Resources.

(8) Pursuant to Article 52(1) of the Act, the Minister of Trade, Industry and Resources shall entrust his or her authority over approval or revised approval for exportation of plants under Article 32(1) of the Act (excluding the exportation on a turnkey basis that requires consents from the Minister of Land, Infrastructure and Transport) to the Korea Association of Machinery Industry established with the authorization of the Minister of Trade, Industry and Resources pursuant to Article 38 of the Industrial Development Act (hereinafter referred to as the "Korea Association of Machinery Industry"); provided, cases of exportation on condition of deferred financial support shall be entrusted to the Export-Import Bank of Korea under the Export-Import Bank of Korea Act. <Amended on Feb. 29, 2008; Jul. 12, 2010; Oct. 1, 2010; Mar. 23, 2013; Oct. 1, 2025>

(9) Pursuant to Article 52(1) of the Act, the Minister of Trade, Industry and Resources shall entrust the following authority to the Korean Commercial Arbitration Board: <Amended on Feb. 29, 2008; Oct. 20, 2008; Mar. 23, 2013; Oct. 1, 2025>

1. Authority to conduct mediation or conciliation of trade disputes under Article 75(2);

2. Authority for the dispute mediation and payment of mediation costs under Articles 80 through 84.

(10) Pursuant to Article 52(1) of the Act, the Minister of Trade, Industry and Resources shall entrust the affairs related to the issuance of certificates of origin under Article 66(2) and (3) (including affairs related to the issuance of certificates of origin for obtaining customs concessions) to the Korea Chamber of Commerce and Industry established pursuant to the Chambers of Commerce and Industry Act (hereinafter referred to as the "Korea Chamber of Commerce and Industry") or a legal entity designated and publicly notified by the Minister of Trade, Industry and Resources among legal entities established in accordance with Article 32 of the Civil Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(11) Pursuant to Article 52(1) of the Act, the Minister of Trade, Industry and Resources shall entrust his or her authority for the issuance and follow-up management of the purchase certificates under Article 31 to the heads of foreign exchange banks and the electronic trade infrastructure business entities designated by the Minister of Trade, Industry and Resources under Article 6 of the Electronic Trade Facilitation Act. <Amended on Feb. 29, 2008; Nov. 5, 2008; Mar. 23, 2013; Oct. 1, 2025>

(12) Pursuant to Article 52(1) of the Act, the Minister of Trade, Industry and Resources shall entrust his or her authority for the determination and notice of strategic items under Article 36(2) to the Korean Security Agency of Trade and Industry under Article 25 of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 8, 2024; Oct. 1, 2025>

Article 92(Coordination following delegation and entrustment of authorities) #

(1) The Mayor/Do Governor or the head of a customs office shall, when he or she intends to impose a penalty surcharge or an administrative fine pursuant to Articles 33-2(2) and 59(4) of the Act (limited to violations of Article 59(2)3 of the Act) or Article 91(4)4-2 and 7 of this Decree, consult in advance with the head of a customs office or the Mayor/Do Governor, respectively. <Amended on Jan. 28, 2014; Oct. 8, 2024>

(2) Any person to whom the authority of the Minister of Trade, Industry and Resources has been delegated or entrusted pursuant to Article 91 shall submit a report on the results of the affairs delegated or entrusted to the Minister of Trade, Industry and Resources. Necessary matters concerning the time, method, etc. of reporting shall be prescribed by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(3) When a person to whom his or her authority has been delegated or entrusted pursuant to Article 91 and who has dealt with the delegated or entrusted affairs in violation of the Act or this Decree, the Minister of Trade, Industry and Resources may demand to take corrective or any other necessary measures. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(4) A person who receives a demand for corrective or any other measures under paragraph (3) shall promptly take corrective measures on the affairs and report the result thereof to the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

[Title Amended on Jan. 28, 2014]

Article 93(Legal fiction as public officials) #

"Legal entities and organizations specified by Presidential Decree" in Article 58 of the Act means the following institutions and organizations: <Amended on Dec. 19, 2023>

1. Korea International Trade Association;

2. Korea Software Industry Association;

3. Korea Shipowners' Association.

4. Korea Tourism Association and tourism association for each business type under Articles 41(1) and 45(1) of the Tourism Promotion Act;

5. Organizations designated pursuant to Article 91(7);

6. Korea Association of Machinery Industry;

7. Korean Commercial Arbitration Board;

8. Korea Chamber of Commerce and Industry;

9. Legal entities designated pursuant to Article 91(10).

Article 93-2(Re-examination of regulation) #

The Minister of Trade, Industry and Resources shall examine the appropriateness of the criteria for the designation of specialized trading companies referred to in Article 12-2(1) every five years, counting from January 1, 2025 (referring to the period that ends on the day before January 1 of every fifth year) and shall take measures, such as making improvements. <Amended on Oct. 1, 2025>

[This Article Wholly Amended on Mar. 12, 2025]

Article 94(Criteria for imposition of administrative fines) #

Criteria for imposing administrative fines under Article 59(1) and (2) of the Act shall be as specified in Appendix 4. <Amended on Jun. 16, 2020; Oct. 8, 2024>

[This Article Wholly Amended on Nov. 5, 2008]