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ACT ON PREVENTION OF DIVULGENCE AND PROTECTION OF INDUSTRIAL TECHNOLOGY — 법갈피

영문법령 / ACT ON PREVENTION OF DIVULGENCE AND PROTECTION OF INDUSTRIAL TECHNOLOGY

ACT ON PREVENTION OF DIVULGENCE AND PROTECTION OF INDUSTRIAL TECHNOLOGY

법률타법개정시행 2025-10-01산업통상부 · 제21065호 · 공포 2025-10-01

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to prevent undue divulgence of industrial technology and to protect industrial technology in order to strengthen the competitiveness of Korean industries and contribute to national security and development of the national economy.

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jul. 25, 2011; Jan. 28, 2015; Oct. 1, 2025 〉

1. The term "industrial technology" means any of the following technologies the head of an administrative agency (where the relevant affairs have been delegated or entrusted, referring to the head of the agency, corporation, or organization delegated or entrusted therewith) determines, publicly notifies, publicly announces, or certifies in accordance with this Act, other statutes, or an order delegated by this Act or other statutes (limited to Presidential Decree, Prime Ministerial Decree , and Ministerial Decree; hereafter in this Article the same shall apply) to enhance the competitiveness of industries or prevent divulgence of technologies, among the methods and technological information necessary for the development, production, dissemination, and use of products or services:

a. National core technology publicly notified pursuant to Article 9;

b. Technology falling within the scope of state-of-the-art technology publicly notified pursuant to Article 5 of the Industrial Development Act;

c. New technology certified pursuant to Article 15-2 of the Industrial Technology Innovation Promotion Act;

d. Deleted; <Jan. 21, 2025>

e. New technology certified pursuant to Article 7 of the Environmental Technology and Industry Support Act;

f. New construction technology determined and publicly notified pursuant to Article 14 of the Construction Technology Promotion Act;

g. Health and new technology certified pursuant to Article 8 of the Health and Medical Service Technology Promotion Act;

h. Core ppuri technology determined pursuant to Article 14 of the Act on Promotion and Sophistication of Ppuri Industry pursuant to Industry;

Article 5(Formulation and implementation of comprehensive plans) #

(1) The Minister of Trade, Industry and Resources shall formulate and implement comprehensive plans for the prevention of divulgence and the protection of industrial technology (hereinafter referred to as "comprehensive plan"). <Amended on Feb. 29, 2008; Jul. 25, 2011; Mar. 23, 2013; Oct. 1, 2025>

(2) When formulating comprehensive plans, the Minister of Trade, Industry and Resources shall undergo the deliberation of the Industrial Technology Protection Committee under Article 7, after consulting with the heads of relevant central governmental administrative agencies in advance. <Amended on Feb. 29, 2008; Jul. 25, 2011; Mar. 23, 2013; Oct. 1, 2025>

(3) Comprehensive plans shall contain the following matters: <Amended on Jul. 25, 2011>

1. Basic goals and directions for the prevention of divulgence and the protection of industrial technology;

2. Phased goals and measures for the prevention of divulgence and the protection of industrial technology;

3. Matters concerning publicity and education on the prevention of divulgence and the protection of industrial technology;

4. Matters concerning the establishment of infrastructure for the prevention of divulgence and the protection of industrial technology;

5. Matters concerning research and development of technology for the prevention of divulgence and the protection of industrial technology;

6. Matters concerning the collection, analysis, processing, and dissemination of data on the prevention of divulgence and the protection of industrial technology;

7. Matters concerning international cooperation for the prevention of divulgence and the protection of industrial technology;

8. Other matters necessary for the prevention of divulgence and the protection of industrial technology.

(4) The Minister of Trade, Industry and Resources may require the submission of data necessary to formulate comprehensive plans from heads of relevant central governmental administrative agencies. In such cases, the head of an agency who is requested to submit data shall comply with such request, in the absence of special circumstances. <Amended on Feb. 29, 2008; Jul. 25, 2011; Mar. 23, 2013; Jan. 28, 2015; Oct. 1, 2025>

[Title Amended on Jul. 25, 2011]

Article 7(Establishment of Industrial Technology Protection Committee) #

(1) An Industrial Technology Protection Committee (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Minister of Trade, Industry and Resources to deliberate on the following matters regarding the prevention of divulgence and the protection of industrial technology: <Amended on Jul. 25, 2011; Jan. 28, 2015; Oct. 1, 2025>

1. Matters concerning the formulation and implementation of comprehensive plans;

2. Matters concerning the designation as national core technology and change and cancellation of such designation under Article 9;

3. Matters concerning the export, etc. of national core technology under Article 11;

4. Matters concerning cross-border acquisition, merger, etc. of a target institution including national core technology under Article 11-2;

5. Other matters determined by Presidential Decree as necessary for the prevention of divulgence and the protection of industrial technology.

(2) The Committee shall be comprised of not more than 25 members, including one chairperson. In such cases, at least five persons falling under paragraph (3)3 shall be included in the members.

(3) The Minister of Trade, Industry and Resources shall become a chairperson and the following persons shall become members: <Amended on Feb. 29, 2008; Jan. 28, 2015; Oct. 1, 2025>

1. A person who is determined by President Decree from among Vice-Minister, Vice Administrator, or a public official equivalent to such position of a relevant central governmental administrative agency;

2. A person who is nominated by an intelligence and investigation agency in charge of preventing divulgence of industrial technology;

3. A person who has abundant experience and knowledge in the prevention of divulgence and the protection of industrial technology and is commissioned by the chairperson taking into account the gender of the person.

(4) The Committee shall have one secretary member, who shall be nominated by the chairperson from among public officials of the Ministry of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2015; Oct. 1, 2025>

(5) The Committee shall establish specialized committees by field thereunder to professionally pre-deliberate on the following matters regarding the prevention of divulgence and the protection of industrial technology: <Amended on Jul. 25, 2011; Jan. 28, 2015>

1. A prior review on items under deliberation by the Committee;

2. Matters delegated by the Committee, as prescribed by Presidential Decree;

3. Other practical matters necessary for the prevention of divulgence and the protection of industrial technology, as prescribed by Presidential Decree.

(6) The Minister of Trade, Industry and Resources may designate a technology security center, as prescribed by Presidential Decree, to support the operation of the Committee and to efficiently perform the duties referred to in Articles 9 through 12. <Added on Jan. 21, 2025; Oct. 1, 2025>

(7) Except as provided in paragraphs (1) through (5), matters necessary for the organization, operation, etc. of the Committee and specialized committees by field shall be determined by Presidential Decree. <Amended on Jan. 28, 2015; Jan. 21, 2025>

Article 9(Designation of national core technology, and change and cancellation of such designation) #

(1) Where the Minister of Trade, Industry and Resources selects a technology to be designated (hereafter in this Article referred to as "technology subject to designation") as national core technology, or he or she has been notified that technology subject to designation has been selected under the jurisdiction of the head of a relevant central governmental administrative agency; he or she may designate it as national core technology after deliberation by the Committee. In such cases, where technology subject to designation which has been selected by the Minister of Trade, Industry and Resources is under the jurisdiction of the head of any other central governmental administrative agency, he or she shall undergo consultation with the head of the relevant central administrative agency prior to deliberation by the Committee. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2015>

(2) The Minister of Trade, Industry and Resources and the head of a relevant central governmental administrative agency shall select technology subject to designation within the minimum extent necessary, based on comprehensive consideration of such factors as the ripple effect of the technology in question on national security and the national economy; market share of relevant products in the Korean and overseas markets; trends in research in relevant fields; and harmony with the proliferation of technology. <Amended on Jan. 28, 2015; Oct. 1, 2025>

(3) Where the Minister of Trade, Industry and Resources selects a technology for which changing the scope or substance of national core technology or canceling the designation as national core technology is deemed necessary, or receives from the head of a relevant central administrative agency a request to change the scope or substance of national core technology under the jurisdiction of the head of the relevant central administrative agency or to cancel the designation as national core technology, he or she may change or cancel such designation after deliberation by the Committee. In such cases, where technology subject to designation selected by the Minister of Trade, Industry and Resources is under the jurisdiction of the head of any other central governmental administrative agency, he or she shall undergo consultation with the head of the relevant central administrative agency prior to deliberation by the Committee. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2015; Oct. 1, 2025>

(4) Where the Minister of Trade, Industry and Resources designates national core technology pursuant to paragraph (1), changes the scope or substance of national core technology, or cancels such designation pursuant to paragraph (3), he or she shall publicly notify such fact. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(5) Where the Committee deliberates on the designation as national core technology or change or cancellation of such designation pursuant to paragraphs (1) and (3), it shall, upon receipt of a request by interested persons, such as an enterprise in possession of, or managing, technology subject to designation, provide them with an opportunity to state their opinions, as prescribed by Presidential Decree.

(6) Standards and procedures for designation of national core technology, and change or cancellation of such designation under paragraphs (1) and (3), and other necessary matters shall be prescribed by Presidential Decree. <Amended on Jul. 25, 2011; Jan 21, 2025>

Article 9-3(Registration of national core technology-holding institution) #

(1) An enterprise, etc. shall file an application for registration as a national core technology-holding institution with the Minister of Trade, Industry and Resources within 30 days from the date any of the following grounds arises; and the same shall also apply to any modification to the registered matters: <Amended on Oct. 1, 2025>

1. Where an application for determination on national core technology filed under Article 9-2 is accepted and its technology is duly determined to be national core technology;

2. Where its technology is duly determined to be national high-tech strategic technology under Article 11(5) or (6) of the Act On Special Measures for Strengthening the Competitiveness of, and Protecting National High-Tech Strategic Industries;

3. Where it has acquired national core technology from an existing target institution and holds substantial rights thereto.

(2) Where a national core technology-holding institution registered pursuant to paragraph (1) falls under any of the following cases, it may apply for the cancellation of registration to the Minister of Trade, Industry and Resources within 30 days from the date it becomes aware of the grounds therefor: <Amended on Oct. 1, 2025>

1. Where the designation of national core technology is canceled pursuant to Article 9(3);

2. Where it no longer holds any rights, data or information related to national core technology because such technology has been transferred due to the export of national core technology under Article 11 or cross-border acquisition, merger, etc. under Article 11-2;

3. Where a target institution no longer has substantial rights to the national core technology since its transfer of the national core technology to another enterprise, etc.

(3) The Minister of Trade, Industry and Resources may require the technology security center to conduct a review with respect to registration under paragraph (1) and cancellation of registration under paragraph (2), and may request the head of a relevant central administrative agency or the head of an enterprise, etc. to provide necessary cooperation, such as submission of data. In such cases, the head of the relevant central administrative agency or the head of the relevant enterprise, etc. so requested shall comply unless there is a compelling reason not to do so. <Amended on Oct. 1, 2025>

(4) Matters necessary for the methods and procedures for registration under paragraph (1) and the methods and procedures for cancellation thereof under paragraph (2) shall be prescribed by Presidential Decree.

[This Article Added on Jan. 21, 2025]

Article 11(Export of national core technology) #

(1) Where a target institution which holds national core technology developed with government subsidies for research and development intends to export the relevant national core technology to a foreign enterprise, etc. by means of sale, transfer, etc. (hereinafter referred to as "export of national core technology"), it shall obtain prior approval from the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 21, 2025; Oct. 1, 2025>

(2) With respect to an application for approval under paragraph (1), the Minister of Trade, Industry and Resources may, after consulting with the head of the relevant central governmental administrative agency, grant approval after deliberation by the Committee, taking into account the ripple effect of the export of national core technology on national security, the national economy, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(3) Where the national core technology approved pursuant to paragraph (1) is the technology referred to in Article 19 of the Foreign Trade Act, it shall be deemed permitted under Article 19-2 of that Act; and where the national core technology is the defense science and technology defined in subparagraph 2 of Article 2 of the Defense Science and Technology Innovation Promotion Act and defense materials referred to in Article 34 of the Defense Acquisition Program Act, it shall be deemed permitted pursuant to Article 57(2) of the Defense Acquisition Program Act. In such cases, the Minister of Trade, Industry and Resources shall have a prior consultation with the head of the relevant central administrative agency. <Amended on Feb. 29, 2008; Jul. 25, 2011; Mar. 23, 2013; Mar. 31, 2020; Feb. 20, 2024; Oct. 1, 2025>

(4) Where an institution possessing industrial technology which has and manages national core technology, other than that approved pursuant to paragraph (1), intends to export the national core technology, it shall report it to the Minister of Trade, Industry and Resources in advance. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(5) Upon receipt of a report under paragraph (4), the Minister of Trade, Industry and Resources shall examine the impact of the export of the relevant national core technology on national security and other factors, and shall accept the report if the national core technology has no serious impact on national security and conforms to this Act. <Added on Jan. 21, 2025; Oct. 1, 2025>

(6) When the Minister of Trade, Industry and Resources deems that the export of national core technology subject to reporting under paragraph (4) is likely to have a material impact on national security, he or she may issue an order for such measures as suspension or prohibition of export of the national core technology and restoration to the original state after consultation with the head of the relevant central administrative agency and deliberation by the Committee. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 21, 2025; Oct. 1, 2025>

(7) A person intending to export national core technology subject to reporting under paragraph (4) may file an application for prior review with the Minister of Trade, Industry and Resources as to whether the relevant national core technology is related to national security. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 21, 2025; Oct. 1, 2025>

(8) Where a target institution holding national core technology falls under any of the following cases, the Minister of Trade, Industry and Resources may order such institution to take necessary measures, such as suspension or prohibition of export of the relevant national core technology and restoration to the original state; provided, in cases falling under subparagraph 2, he or she shall request the head of an intelligence and investigation agency to conduct investigation and have the findings thereof reported to the Committee for deliberation: <Added on Jan. 21, 2025; Oct. 1, 2025>

1. Where it exports the national core technology without obtaining approval under paragraph (1) or filing a report under paragraph (4);

2. Where it exports the national core technology after obtaining approval under paragraph (1) or making a report under paragraph (4) by fraud or other improper means.

(9) The Committee may listen to the opinions of target institutions in any of the following cases: <Amended on Jan. 21, 2025>

1. Deliberation on applications for approval under paragraph (2);

2. Deliberation on suspension or prohibition of export of national core technology which has a material effect on national security, restoration to the original state, etc. under paragraph (6);

3. Deliberation on suspension or prohibition of export of national core technology, and restoration to the original state with respect to improper approval, false reporting, etc. under paragraph (8)2.

(10) The Minister of Trade, Industry and Resources may have specialized committees by field conduct a review with respect to approval under paragraph (1) or reporting under paragraph (4) and request the heads of relevant central administrative agencies or the heads of target institutions to provide necessary cooperation, such as submission of data. In such cases, the heads of the relevant central administrative agencies and the heads of target institutions shall comply unless there is a compelling reason not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 21, 2025; Oct. 1, 2025>

(11) Notwithstanding paragraphs (1) and (4), the Minister of Trade, Industry and Resources may partially exempt or simplify the export procedures referred to in paragraphs (1) and (4), if such export is deemed to have a low risk of technology divulgence. <Amended on Jan. 21, 2025; Oct. 1, 2025>

(12) Matters necessary for approval under paragraph (1), reporting under paragraph (4), an order to take such measures as suspension or prohibition of export and restoration to the original state under paragraphs (6) and (8), an application for prior review under paragraph (7), exemption from or simplification of approval and reporting under paragraph (11) and other matters shall be prescribed by Presidential Decree. <Added on Jan. 21, 2025>

Article 11-2(Cross-border acquisition, merger, etc. of target institutions holding national core technology) #

(1) Where a target institution holding national core technology that has been developed with government subsidies for research and development intends to engage in foreign investment such as cross-border acquisition, merger, joint venture, etc. (hereinafter referred to as "cross-border acquisition, merger, etc."), as prescribed by Presidential Decree, it shall obtain prior approval from the Minister of Trade, Industry and Resources. <Amended on Mar. 23, 2013; Aug. 20, 2019; Oct. 1, 2025>

(2) Where a target institution under paragraph (1) becomes aware that a foreigner determined by Presidential Decree (hereafter in this Article referred to as "foreigner") has been conducting cross-border acquisition, merger, etc., it shall without delay report such fact to the Minister of Trade, Industry and Resources. <Amended on Mar. 23, 2013; Aug. 20, 2019; Oct. 1, 2025>

(3) Upon receipt of a report from a target institution under paragraph (2), the Minister of Trade, Industry and Resources may request the foreigner who intends to conduct cross-border acquisition, merger, etc. to cooperate in the procedure for approval under paragraph (1). The foreigner so requested in such cases shall comply with the request, in the absence of special circumstances. <Added on Aug. 20, 2019; Oct. 1, 2025>

(4) Upon receipt of an application for approval under paragraph (1), the Minister of Trade, Industry and Resources may grant approval after review of the ripple effects of divulgence of industrial technology on national security and national economy due to cross-border acquisition, merger, etc., consultation with the heads of the relevant central administrative agencies, and deliberation by the Committee. In such cases, the Minister of Trade, Industry and Resources may attach conditions deemed necessary when granting approval. <Added on Aug. 20, 2019; Jan. 21, 2025; Oct. 1, 2025>

(5) Where a target institution which holds and manages any national core technology other than that subject to approval under paragraph (1) intends to conduct cross-border acquisition, merger, etc., it shall report thereon to the Minister of Trade, Industry and Resources in advance. <Added on Aug. 20, 2019; Oct. 1, 2025>

(6) Where a target institution under paragraph (5) becomes aware that a foreigner has been conducting cross-border acquisition, merger, etc., it shall without delay report such fact to the Minister of Trade, Industry and Resources. <Added on Aug. 20, 2019; Oct. 1, 2025>

(7) Upon receipt of a report under paragraph (5), the Minister of Trade, Industry and Resources shall review the impact of cross-border acquisition, merger, etc. on national security and other factors, and shall accept the report if it has no serious impact on national security and conforms to this Act. <Added on Jan. 21, 2025; Oct. 1, 2025>

(8) Where the Minister of Trade, Industry and Resources deems that the divulgence of national core technology under paragraphs (1), (5), and (6) is likely to have a material impact on national security, he or she may issue an order for such measures as suspension or prohibition of cross-border acquisition, merger, etc. and restoration to the original state after consultation with the head of the relevant central administrative agency and deliberation by the Committee. <Amended on Mar. 23, 2013; Aug. 20, 2019; Jan. 21, 2025; Oct. 1, 2025>

(9) Where a person who intends to engage in cross-border acquisition, merger, etc. under paragraphs (1), (5), and (6) has any questions about the following matters with respect to the relevant cross-border acquisition, merger, etc., he or she may request the Minister of Trade, Industry and Resources to conduct a prior review, as prescribed by Presidential Decree: <Amended on Mar. 23, 2013; Aug. 20, 2019; Jan. 21, 2025; Oct. 1, 2025>

1. Whether the national core technology in question is related to national security;

2. Whether the cross-border acquisition, merger, etc. in question is subject to approval under paragraph (1) or subject to reporting under paragraphs (5) and (6);

3. Other questionable matters regarding the relevant cross-border acquisition, merger, etc.

(10) Where a target institution holding national core technology falls under any of the following cases, the Minister of Trade, Industry and Resources may order such institution to take necessary measures, such as suspension or prohibition of cross-border acquisition, merger, etc. and restoration to the original state; provided, in cases falling under subparagraph 2, he or she shall request the head of an intelligence and investigation agency to conduct investigation and have the findings thereof reported to the Committee for deliberation: <Amended on Jan. 21, 2025; Oct. 1, 2025>

1. Where it proceeds with cross-border acquisition, merger, etc. without obtaining approval under paragraph (1) or filing a report under paragraph (5);

2. Where it proceeds with cross-border acquisition, merger, etc. after obtaining approval under paragraph (1) or making a report under paragraph (5) by fraud or other improper means.

(11) The Committee may listen to the opinions of target institutions in any of the following cases: <Amended on Aug. 20, 2019; Jan. 21, 2025>

1. Deliberation on applications for approval under paragraph (1);

1-2 Deliberation on reporting under paragraphs (5) and (6);

2. Deliberation on suspension, prohibition, restoration to the original state, etc. regarding cross-border acquisition, merger, etc. which has a material impact on national security under paragraph (8);

3. Deliberation on any loss sustained by a target institution as a result of the measures under paragraph (8);

4. Deliberation on suspension or prohibition of cross-border acquisition, merger, etc., restoration to the original state, etc. regarding improper approval or false reporting under paragraph (10).

(12) The Minister of Trade, Industry and Resources may require specialized committees by field to review an application for approval under paragraph (1) or reporting under paragraphs (5) and (6), and may request the head of a relevant central administrative agency or the head of a target institution to provide necessary cooperation such as submission of data. In such cases, the head of the relevant central administrative agency or the head of the target institution shall cooperate unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013; Aug. 20, 2019; Jan. 21, 2025; Oct. 1, 2025>

(13) Details regarding approval under paragraph (1), reporting under paragraphs (2), (5), and (6), and measures such as suspension, prohibition, restoration to the original state, etc. under paragraphs (8) and (10) and procedures therefor shall be prescribed by Presidential Decree. <Amended on Aug. 20, 2019; Jan. 21, 2025>

[This Article Added on Jul. 25, 2011]

Article 14(Prohibition of divulgence and infringement of industrial technology) #

No person shall engage in any of the following acts: <Amended on Feb. 29, 2008; Jul. 25, 2011; Mar. 23, 2013; Jan. 28, 2015; Aug. 20, 2019; Jan. 3, 2023; Jan. 21, 2025; Oct. 1, 2025>

1. Acquiring the industrial technology of any target institution obtained by means of theft, deception, threat, or other improper means or using or publicizing such industrial technology (including providing information to a specific person in secret; hereinafter the same shall apply);

2. Divulging industrial technology of a target institution, using or disclosing the divulged industrial technology, or causing a third person to make use of the industrial technology, by a person who has a duty of confidentiality of industrial technology under Article 34 or under a contract, etc. with a target institution;

3. Refusing to comply with, or evading, a request made by a target institution to return the special media records, such as documents, drawings, and electronic records, or raw codes regrading industrial technology, or to delete the industrial technology, or keeping copies thereof, even though the person is obligated to maintain confidentiality of industrial technology under Article 34 or in accordance with a contract, etc. with the target institution;

4. Unauthorized divulgence of industrial technology from a designated place or use, or disclosure, of industrial technology for other purposes, by a person who has access to industrial technology under a contract, etc. with a target institution;

5. Acquiring, using, or disclosing industrial technology, knowing that any act under subparagraphs 1 through 4 is involved in the industrial technology; or using or disclosing industrial technology, knowing that any act under subparagraphs 1 through 4 is involved in the industrial technology after acquiring the industrial technology;

6. Introducing, arranging, or inducing any act falling under any of subparagraphs 1 through 4;

7. Exporting national core technology without approval under Article 11(1) or with approval obtained by improper means;

8. Exporting national core technology without filing a report under Article 11(4) or after filing a report by fraud or other improper means;

9. Conducting cross-border acquisition, merger, etc. without obtaining approval under Article 11-2(1) or with an approval obtained by fraud or other improper means, with the intent to use the national core technology in a foreign country or despite the knowledge that the national core technology will be used in a foreign country;

10. Conducting cross-border acquisition, merger, etc. without filing a report under Article 11-2(5) and (6) or after filing such report by fraud or other improper means;

11. Failing to comply with an order issued by the Minister of Trade, Industry and Resources under Article 11(6) or (8) or 11-2(8) or (10);

12. Using or disclosing information that includes industrial technology provided through any legitimate process prescribed by Presidential Decree, such as litigation on industrial technology, for any purpose other than the purpose for which such information was provided;

13. Acquiring, using, or disclosing industrial technology without knowing, by gross negligence, that any act under subparagraphs 1 through 4 is involved in the industrial technology; or using or disclosing industrial technology without knowing, by gross negligence, that any act under subparagraphs 1 through 4 is involved in the industrial technology after acquiring the industrial technology;

Article 16(Establishment of Association for Industrial Technology Security) #

(1) Industrial technology-holding institutions may establish an Association for Industrial Technology Security (hereinafter referred to as the "Association"), after obtaining authorization from the Minister of Trade, Industry and Resources, to efficiently promote policies for the prevention of divulgence and the protection of industrial technology. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) The Association shall be a corporation, and it shall come into existence upon completing registration for incorporation at the seat of its principal office.

(3) No matter requiring registration, other than registration of establishment, shall become effective against any third person, unless the relevant registration is made.

(4) The Association shall conduct the following affairs: <Amended on Feb. 29, 2008; Jul. 25, 2011; Mar. 23, 2013; Jan. 28, 2015; Oct. 1, 2025>

1. Formulation of, and cooperation on, policies for protection of industrial technology;

2. Dissemination of information on divulgence of industrial technology to foreign countries;

3. Counseling, public relations, education, and fact-finding surveys to prevent divulgence of industrial technology;

4. Collection, analysis, and publication of data on protection of industrial technology, in or outside Korea;

4-2. Providing support for the protection, management, etc. of national core technology;

5. Duties to support the protection of industrial technology under Article 22(1);

6. Assistance in the affairs of the Industrial Technology Dispute Mediation Committee under Article 23;

7. Other affairs, such as projects that the Minister of Trade, Industry and Resources deems necessary to entrust and projects determined by the Association's articles of association.

(5) If necessary to protect industrial technology of institutions possessing industrial technology, the Government may provide funds necessary to conduct the affairs of the Association within budgetary limits.

(6) Matters necessary for affairs, supervision, etc. of the Association shall be determined by Presidential Decree.

(7) Except as provided in this Act, the provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis to the Association.

Article 22-4(Confidentiality orders) #

(1) If the following causes are all substantiated with regard to industrial technology held by the asserting party in a lawsuit on divulgence or infringement of industrial technology, the court may order the other party (in cases of a corporation, referring to its representative), the person representing the party in the lawsuit, or any other person who obtained knowledge about the industrial technology due to the lawsuit, by decision upon the party's request, to refrain from using such industrial technology for any purpose other than continuation of the relevant lawsuit or from disclosing the industrial technology to any person other than the person to whom an order under this paragraph was issued in connection with the industrial technology; provided, the foregoing shall not apply where the other party (in cases of a corporation, referring to its representative), the person representing the party in the lawsuit or any other person who obtained knowledge about the industrial technology due to the lawsuit has already acquired the industrial technology before the time of filing the application, by any method other than perusing briefs referred to in subparagraph 1 or examining evidence:

1. The industrial technology is included in a brief already submitted or to be submitted or a piece of evidence already examined or to be examined;

2. If the industrial technology referred to in subparagraph 1 is used or disclosed for any purpose other than the litigation of the relevant case, such use or disclosure is likely to adversely affect the party's business management; and thus it is necessary to restrict the use or disclosure of the industrial technology for preventing such adverse effect.

(2) An application for an order under paragraph (1) (hereinafter referred to as "confidentiality order") shall be filed in writing, stating the following therein:

1. A person to whom the confidentiality order is to be issued;

2. Facts sufficient to identify the industrial technology subject to the confidentiality order;

3. A fact constituting a cause prescribed in the subparagraphs of paragraph (1).

(3) When a court decides to issue a confidentiality order, it shall serve the written decision on the person to whom the confidentiality order is issued.

(4) A confidentiality order shall become effective when the written decision under paragraph (3) is served on the person to whom the confidentiality order is issued.

(5) An immediate appeal may be filed against a court's ruling to dismiss, with or without prejudice, an application for a confidentiality order.

[This Article Added on Aug. 20, 2019]

Article 23(Industrial Technology Dispute Mediation Committee) #

(1) An Industrial Technology Dispute Mediation Committee (hereinafter referred to as the "Mediation Committee") shall be established under the Minister of Trade, Industry and Resources to promptly mediate disputes over divulgence of industrial technology. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) The Mediation Committee shall be comprised of not more than 15 members, including one chairperson.

(3) The Minister of Trade, Industry and Resources shall appoint or commission members of the Mediation Committee in consideration of professional field and gender, as prescribed by Presidential Decree from among the following persons: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2015; Oct. 1, 2025>

1. Current or former workers of a university or certified research institute as an associate professor or in a higher position, or in a position equivalent thereto and majored in a field related to protection of technology or information;

2. Current or former public officials of at least Grade IV or current or former workers of a public institution in a position equivalent thereto with experience in the affairs of prevention of divulgence of industrial technology;

3. Executive officers of an enterprise conducting affairs to protect industrial technology or of an organization conducting a duty to protect industrial technology;

4. Qualified judges, prosecutors, or attorneys-at-law.

(4) The term of office for members shall be three years, but may be extended.

(5) The chairperson shall be appointed by the Minister of Trade, Industry and Resources, from among the members. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(6) Meetings of the Mediation Committee shall be convened with a majority of the current members present, and resolutions shall be adopted by the affirmative vote of a majority of members in attendance. <Added on Jan. 28, 2015>

(7) A secretariat shall be established in the Association to assist the Mediation Committee in conducting its business affairs. <Added on Mar. 29, 2016>

(8) Other matters necessary for the composition and operation of the Mediation Committee shall be prescribed by Presidential Decree. <Added on Jan. 28, 2015; Mar. 29, 2016>

Article 34(Duty of confidentiality) #

None of the following persons shall divulge or misappropriate any secret he or she has learned in the course of performing his or her duties: <Amended on Feb. 29, 2008; Jul. 25, 2011; Mar. 23, 2013; Jan. 28, 2015; Aug. 20, 2019; Jan. 21, 2025; Oct. 1, 2025>

1. Any executive officer or employee of a target institution (including professors, researchers, and students);

2. Any person who designates national core technology or changes or cancels such designation pursuant to Article 9, or performs any duty to provide support for the protection, management, etc. of national core technology pursuant to Article 16;

2-2. Any person who performs such duties as determination on national core technology pursuant to Article 9-2;

2-3. Any person who performs such duties as registration of national core technology-holding institutions pursuant to Article 9-3;

3. Any person who performs review, prior review, or investigation for matters on export, acquisition, merger, etc. of national core technology, etc. pursuant to Articles 11 and 11-2;

3-2. Any foreigner who intends to perform cross-border acquisition, merger, etc. under Article 11-2(3) and (6) and executive officers and employees of such foreigner;

3-3. Any person who performs such duties as making a recommendation for improvement, etc. pursuant to Article 13;

4. Any person who receives reports on, and prevents, an act of infringement pursuant to Article 15;

5. Any person engaged in counselling or fact-finding surveys pursuant to Article 16(4)3;

6. Any person who conducts a fact-finding survey on the protection and management status of industrial technology pursuant to Article 17;

7. Any person who conducts research and development of industrial security technology as an employee of an industrial security technology development business entity pursuant to Article 20(2);

8. Any person who mediates disputes over industrial technology pursuant to Article 23;

9. Any person who conducts business, exercising any of the authority delegated or entrusted by the Minister of Trade, Industry and Resources pursuant to Article 33;

10. Any person who obtains information on industrial technology in the course of performing his or her duties prescribed by Presidential Decree, such as requests for disclosing information under the Official Information Disclosure Act and litigation on industrial technology.

Article 36(Penalty provisions) #

(1) Any person who commits an offense under any of subparagraphs 1 through 12 of Article 14 with the knowledge that the national core technology will be used in a foreign country shall be punished by imprisonment with labor for at least three years. In such cases, a fine not exceeding 6.5 billion won shall be concurrently imposed. <Added on Aug. 20, 2019; Jan. 21, 2025>

(2) Any person who commits an offense under any of subparagraphs 1 through 6 and 12 of Article 14 with the knowledge that the industrial technology will be used in a foreign country (not applicable to a person who commits an act falling under paragraph (1)) shall be punished by imprisonment with labor for up to 15 years or by a fine not exceeding 3 billion won. <Amended on Mar. 14, 2008; Mar. 29, 2016; Aug. 20, 2019; Jan. 21, 2025>

(3) Any person who commits an offense under any of subparagraphs 1 through 11 of Article 14 shall be punished by imprisonment with labor for up to 10 years or by a fine not exceeding one billion won. <Amended on Jul. 25, 2011; Mar. 29, 2016; Aug. 20, 2019; Jan. 21, 2025>

(4) Any person who commits an offense under subparagraph 12 or 13 of Article 14 shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 300 million won. <Amended on Aug. 20, 2019; Jan. 21, 2025>

(5) The property that a person who committed an offense under any of paragraphs (1) through (4) acquired through such offense shall be confiscated; provided, if it is impracticable to confiscate the whole or part of such property, the value equivalent thereto shall be collected. <Amended on Aug. 20, 2019>

(6) Any person who divulges or misappropriates a secret, in violation of Article 34, shall be punished by imprisonment with labor for not more than five years or by the suspension of qualification for not more than 10 years or by a fine not exceeding 50 million won. <Amended on Mar. 29, 2016; Aug. 20, 2019>

(7) Any person who attempted a crime under any of paragraphs (1) through (3) shall be punished. <Amended on Aug. 20, 2019>

(8) Imprisonment with labor and a fine under paragraphs (2) through (4) may be imposed concurrently. <Amended on Aug. 20, 2019>

ACT ON PREVENTION OF DIVULGENCE AND PROTECTION OF INDUSTRIAL TECHNOLOGY

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Responsibilities the State) #

Article 4(Relationship to other statutes) #

Article 5(Formulation and implementation of comprehensive plans) #

Article 6(Formulation and implementation of action plans) #

Article 7(Establishment of Industrial Technology Protection Committee) #

Article 8(Formulation of guidelines for protection) #

Article 9(Designation of national core technology, and change and cancellation of such designation) #

Article 9-2(Determination on national core technology) #

Article 9-3(Registration of national core technology-holding institution) #

Article 9-4(Non-disclosure of information on national core technology) #

Article 10(Measures for protecting national core technology) #

Article 11(Export of national core technology) #

Article 11-2(Cross-border acquisition, merger, etc. of target institutions holding national core technology) #

Article 11-3(Charges for compelling compliance) #

Article 12(Protection and management of national research and development projects) #

Article 13(Recommendation for improvement) #

Article 14(Prohibition of divulgence and infringement of industrial technology) #

Article 14-2(Right to request prohibition on infringement of industrial technology) #

Article 14-3(Verification as to whether technology constitutes industrial technology) #

Article 14-4(Application to acts in foreign countries) #

Article 15(Report on infringement of industrial technology) #

Article 16(Establishment of Association for Industrial Technology Security) #

Article 17(Fact-finding surveys for protection of industrial technology) #

Article 17-2(Submission of data to the National Assembly) #

Article 18(International cooperation) #

Article 19(Education on protection of industrial technology) #

Article 20(Support for development of industrial security technology) #

Article 21(Rewards for industrial technology protection, and protective custody) #

Article 22(Support for protection of industrial technology) #

Article 22-2(Liability for damage caused by divulgence or infringement of industrial technology) #

Article 22-3(Submission of data) #

Article 22-4(Confidentiality orders) #

Article 22-5(Revocation of confidentiality orders) #

Article 22-6(Notifying requests for perusal of litigation records) #

Article 23(Industrial Technology Dispute Mediation Committee) #

Article 24(Mediation department) #

Article 25(Disqualification of, challenge against, or refrainment by members) #

Article 26(Mediation of disputes) #

Article 27(Requests for materials) #

Article 28(Effect of mediation) #

Article 29(Refusal and suspension of mediation) #

Article 30(Mediation procedures) #

Article 31(Statutes applicable mutatis mutandis) #

Article 32(Fees) #

Article 33(Delegation and entrustment of authority) #

Article 34(Duty of confidentiality) #

Article 35(Legal fiction as public officials for purposes of penalty provisions) #

Article 36(Penalty provisions) #

Article 36-2(Violation of confidentiality orders) #

Article 37(Preparations and conspiracies) #

Article 38(Joint penalty provisions) #

Article 39(Administrative fines) #