ENFORCEMENT DECREE OF THE ACT ON PREVENTION OF DIVULGENCE AND PROTECTION OF INDUSTRIAL TECHNOLOGY

Article 1(Purpose) #

The purpose of this Decree is to prescribe the matters delegated by the Act on Prevention of Divulgence and Protection of Industrial Technology and those necessary for the enforcement thereof.

Article 2(Formulation and implementation of comprehensive plans) #

The Minister of Trade, Industry and Energy shall formulate and implement a comprehensive plan under Article 5 of the Act on Prevention of Divulgence and Protection of Industrial Technology (hereinafter referred to as "the Act") every three years. <Amended on Feb. 29, 2008; Jan. 25, 2012; Mar. 23, 2013; Oct. 1, 2025>

[Title Amended on Jan. 25, 2012]

Article 3(Formulation of action plans) #

The head of a relevant central administrative agency shall, pursuant to Article 6(1) of the Act, submit to the Minister of Trade, Industry and Energy the implementation outcomes of the action plan for the previous year, by the last day of February every year, and the action plan for the next year by October 31 every year. <Amended on Mar. 23, 2013; Oct. 1, 2025>

[This Article Wholly Amended on Jan. 25, 2012]

Article 4(Matters subject to deliberation by Industrial Technology Protection Committee) #

"Matters prescribed by Presidential Decree" referred to in Article 7(1)5 of the Act means matters concerning the alteration of important content of a comprehensive plan under Article 5(1) of the Act. <Amended on Jan. 25, 2012>

[Title Amended on Apr. 28, 2015]

Article 5(Composition and operation of Industrial Technology Protection Committee) #

(1) "Persons prescribed by Presidential Decree" referred to in Article 7(3)1 of the Act means any of the following persons: <Amended on Apr. 28, 2015; Amended on Jul. 26, 2017; Oct. 1, 2025>

1. The 1st Vice Minister of Economy and Finance, the 1st Vice Minister of Science and ICT, the Vice Minister of Education, the 2nd Vice Minister of Foreign Affairs, the Vice Minister of Justice, the Vice Minister of National Defense, the Vice Minister of Agriculture, Food and Rural Affairs, the Vice Minister of Health and Welfare, the 1st Vice Minister of Climate, Energy and Environment, the 1st Vice Minister of Land, Infrastructure and Transport, the Vice Minister of Oceans and Fisheries, and the 1st Vice Minister of SMEs and Startups;

2. The Minister of Intellectual Property.

(2) Where the Chairperson of the Industrial Technology Protection Committee (hereinafter referred to as "the Committee") under Article 7(1) of the Act is unable to perform his or her duties due to any extenuating circumstance, the members of the Committee shall act on behalf of the Chairperson in the order designated in advance by the Chairperson. <Amended on Feb. 29, 2008; Jan. 25, 2012>

(3) The term of office of the members of the Committee shall be two years; provided, the term of office of a member who is a public official shall be the period during which he or she holds the relevant official position.

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

(5) To convene a meeting, the Chairperson of the Committee shall notify each member in writing of the date, place and agenda of the meeting by seven days before the date of the meeting; provided, where any urgent ground or any other extenuating circumstance exists, the Chairperson may make a verbal notification by the date immediately before the date of the meeting.

(6) The Committee’s meetings shall be held with the attendance of a majority of the members of the Committee, and shall pass resolutions with the concurrent vote of a majority of those present.

(7) A policy consultation council may be established in the Committee to consult about and coordinate the policy issues related to the prevention of divulgence of industrial technology, and the protection thereof, and to efficiently operate the Committee. <Added on Apr. 28, 2015>

(8) Except as provided for in paragraphs (1) through (7), matters necessary for the operation of the Committee and the composition and operation of the policy consultation council shall be determined by the Chairperson of the Committee via a resolution thereof. <Amended on Apr. 28, 2015>

Article 6 #

Deleted. <Apr. 28, 2015>

Article 7(Composition and operation of Specialized committees) #

(1) Specialized committees under Article 7(5) of the Act shall be established by areas such as electrics and electronics, information technology, automobile, steel, shipbuilding, nuclear energy, outer space, and biotechnology. <Amended on Apr. 28, 2015>

(2) Each specialized committee shall be composed of not more than 15 members, including one chairperson. <Amended on Jan. 25, 2012>

(3) The chairperson of each specialized committee shall be appointed or commissioned by the Chairperson of the Committee, from among the members of each relevant specialized committee.

(4) The following persons shall become the members of each specialized committee: <Amended on Jan. 25, 2012; Apr. 28, 2015>

1. The persons appointed by the Chairperson of the Committee, from among those public officials of Grade IV or a level corresponding thereto recommended by the heads of the relevant administrative agencies;

2. The persons commissioned by the Chairperson of the Committee for each competent area of specialized committees, from among such persons recommended by the heads of the relevant administrative agencies as having affluent knowledge and experience concerning the prevention of divulgence of industrial technology, and the protection thereof.

(5) The term of office of the members of each specialized committee shall be two years; provided, the term of office of a member who is a public official shall be a period during which he or she holds his or her official position.

(6) Each specialized committee shall have one secretary member to be designated by the Chairperson of the Committee, from among the members under paragraph (4)1. <Amended on Apr. 28, 2015>

(7) Each specialized committee shall deal with the affairs the Committee delegates in recognition that they require the specialized examination for the deliberation at the Committee. <Amended on Apr. 28, 2015>

(8) In addition to the matters provided for in paragraphs (1) through (7), those matters necessary for the composition and operation of the specialized committees shall be determined by the Chairperson of the Committee via a resolution thereof. <Amended on Apr. 28, 2015>

Article 8(Preparation and keeping of minutes) #

When holding a meeting, the Committee or a specialized committee shall prepare and keep its minutes. <Amended on Apr. 28, 2015>

Article 9(Allowances and travel expenses) #

Allowances and travel expenses may be paid to the members who attend a meeting of the Committee or a specialized committee, within budgetary limits; provided, this shall not apply where a member who is a public official attends a meeting in a direct relation to his or her assigned duties. <Amended on Apr. 28, 2015>

Article 9-2(Designation of technology security center) #

(1) Pursuant to Article 7(6) of the Act, the Minister of Trade, Industry and Energy may designate an institution that meets the standards for designation referred to in paragraph (2), from among the following institutions, as a technology security center: <Amended on Oct. 1, 2025>

1. The Korea Planning & Evaluation Institute of Industrial Technology under Article 39 of the Industrial Technology Innovation Promotion Act;

2. The Korea Institute of Energy Technology Evaluation and Planning under Article 13 of the Energy Act;

3. Other institutions recognized and publicly notified by the Minister of Trade, Industry and Energy as having expertise related to technology security.

(2) The standards for designating a technology security center under Article 7(6) of the Act shall be as follows:

1. It shall have in place a dedicated organization and professional human resources necessary for assisting in the duties specified in Articles 9, 9-2 through 9-4, 10, 11, 11-2, 11-3, and 12 of the Act;

2. It shall have in place electronic information processing systems and security measures for such systems necessary to perform the duties of the technology security center;

3. It shall have in place internal regulations governing the dedicated organization, professional human resources, and electronic data processing systems under subparagraphs 1 and 2.

(3) A person intending to be designated as a technology security center under Article 7(6) of the Act shall submit to the Minister of Trade, Industry and Energy an application for designation of a technology security center in the form prescribed by Decree of the Ministry of Trade, Industry and Energy, accompanied by documents verifying that the designation standards referred to in the subparagraphs of paragraph (2) are fully satisfied. <Amended on Oct. 1, 2025>

(4) Upon designation of a technology security center pursuant to paragraph (1), the Minister of Trade, Industry and Energy shall publish the fact on the website of the Ministry of Trade, Industry and Energy. <Amended on Oct. 1, 2025>

(5) The Minister of Trade, Industry and Energy may subsidize, within budgetary limits, the expenses incurred by a technology security center in performing its duties under Article 7(6) of the Act. <Amended on Oct. 1, 2025>

[This Article Added on Jul. 15, 2025]

Article 10(Formulation of guidelines for protection) #

The guidelines for protection under Article 8 of the Act shall include the following matters:

1. Management and operation for the prevention of divulgence of industrial technology and the protection thereof;

2. Response to, and recovery from, the divulgence and infringement of industrial technology.

Article 11(Selection of technology subject to designation as national core technology) #

(1) Upon selecting technology subject to designation under the former part of Article 9(1) of the Act (hereinafter referred to as "technology subject to designation"), the head of a relevant central administrative agency shall submit the following materials to the Minister of Trade, Industry and Energy: <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 28, 2015; Oct. 1, 2025>

1. Content of the relevant technology subject to designation;

2. Grounds for selecting the relevant technology subject to designation;

3. Opinions of the institution holding the industrial technology or relevant organizations;

4. Other materials for reference in respect of the selection of technology subject to designation.

(2) Where the Minister of Trade, Industry and Energy consults with the head of a relevant central administrative agency pursuant to the latter part of Article 9(1) of the Act, he or she shall provide the materials referred to in each subparagraph of paragraph (1) to the head of the competent central administrative agency. <Added on Apr. 28, 2015; Oct. 1, 2025>

Article 12(Alteration or cancellation of national core technology) #

(1) Where any national core technology falling under his or her jurisdiction falls under any of the following, the head of a relevant central administrative agency may, after examining its appropriateness, request the Minister of Trade, Industry and Energy to alter the scope or content of such national core technology or cancel the designation thereof, pursuant to the former part of Article 9(3) of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 28, 2015; Jul. 15, 2025; Oct. 1, 2025>

1. Where the head of a relevant central administrative agency receives a request for the alteration or cancellation of any national core technology from an enterprise, research institute, specialized institution, or university (hereinafter referred to as "enterprise, etc.") which holds such national core technology;

2. Where any ground for altering or canceling the existing national core technology arises, due to the divulgence of such national core technology, changes in technology environment, the development of the same or advanced technology, and other factors.

(2) To request the alteration or cancellation of any national core technology pursuant to paragraph (1), materials referred to in the following shall be submitted to the Minister of Trade, Industry and Energy: <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 28, 2015; Jul. 15, 2025; Oct. 1, 2025>

1. Scope and content of the relevant national core technology;

2. Ground for requesting the alteration or cancellation;

3. Opinions of the enterprise, etc. holding the relevant national core technology;

4. Other materials for reference in respect of the request for the alteration or cancellation of the national core technology.

(3) Where any national core technology falls under any subparagraph of paragraph (1), the Minister of Trade, Industry and Energy may, after examining its appropriateness, select the national core technology deemed to require the alteration of its scope or content or the cancellation of its designation pursuant to Article 9(3) of the Act. <Added on Apr. 28, 2015; Oct. 1, 2025>

(4) Where the Minister of Trade, Industry and Energy intends to consult with the head of the competent central administrative agency pursuant to the latter part of Article 9(3) of the Act, he or she shall provide the materials referred to in each subparagraph of paragraph (2) to the head of the competent central administrative agency. <Added on Apr. 28, 2015; Oct. 1, 2025>

Article 13(Statement of opinion by interested persons) #

If requested by any interested person under Article 9(5) of the Act, the Committee shall grant him or her an opportunity to state his or her opinion either at the Committee in person or in a written document (including an electronic document). <Amended on Apr. 28, 2015>

Article 13-2(Application for determination on national core technology) #

(1) An enterprise, etc. intending to apply for determination on whether its technology falls into the category of national core technology under Article 9-2(1) of the Act shall submit to the Minister of Trade, Industry and Energy an application for determination on national core technology in the form prescribed by Decree of the Ministry of Trade, Industry and Energy, accompanied by the following documents: <Amended on Mar. 23, 2013; Feb. 18, 2020; Jul. 15, 2025; Oct. 1, 2025>

1. Data on the characteristics, use and performance of the relevant technology;

2. Data on the market size and the competitiveness level of the related products using the relevant technology;

3. Documents determined and publicly announced by the Minister of Trade, Industry and Energy necessary for determining national core technology.

(2) Pursuant to Article 9-2(2) of the Act, the Minister of Trade, Industry and Energy may notify an enterprise, etc. to file an application for determination under paragraph (1) of that Article in any of the following cases; in such cases, the Minister of Trade, Industry and Energy shall notify the relevant enterprise, etc. in writing (including electronic documents) of the technology subject to application for determination, the grounds therefor, the application period, and others: <Added on Jul. 15, 2025; Oct. 1, 2025>

1. Where the enterprise, etc. is deemed to hold the national core technology based on a national research and development project;

2. Where the enterprise, etc. is deemed to hold the national core technology based on patents, papers or other publicly available information;

3. Where the enterprise, etc. is deemed to hold the national core technology based on the information provided by the head of the relevant central administrative agency or the head of the intelligence and investigation agency, the employees of the enterprise, etc.;

4. Where the enterprise, etc. is deemed to hold the national core technology based on a report of infringement of industrial technology under Article 15 of the Act.

(3) Upon receiving an application under paragraph (1), the Minister of Trade, Industry and Energy shall determine whether the relevant technology amounts to national core technology, and notify the applicant in writing (including electronic documents) of the result of determination within 15 days from the date of receipt of the application. <Amended on Mar. 23, 2013; Apr. 28, 2015; Jul. 15, 2025; Oct. 1, 2025>

Article 13-3(Registration of national core technology-holding institution) #

(1) A person intending to be registered as a national core technology-holding institution under the former part of Article 9-3(1) of the Act shall submit to the Minister of Trade, Industry and Energy an application for registration of a national core technology-holding institution in the form prescribed by Decree of the Ministry of Trade, Industry and Energy, accompanied by the following documents: <Amended on Oct. 1, 2025>

1. Documents attesting that the person falls under any subparagraph of Article 9-3(1) of the Act;

2. Data on research and development funds for the relevant national core technology, if they are provided by the State.

(2) Upon receipt of an application for registration filed under paragraph (1), the Minister of Trade, Industry and Energy shall register the applicant as a national core technology-holding institution if the applicant falls under any subparagraph of Article 9-3(1) of the Act. <Amended on Oct. 1, 2025>

(3) The Minister of Trade, Industry and Energy shall issue a certificate of registration of a national core technology-holding institution prescribed by Decree of the Ministry of Trade, Industry and Energy to a person registered as a national core technology-holding institution pursuant to paragraph (2) (hereinafter referred to as "national core technology-holding institution"), and shall record and manage the details thereof in the register of national core technology-holding institutions prescribed by Decree of the Ministry of Trade, Industry and Energy. <Amended on Oct. 1, 2025>

(4) Where a national core technology-holding institution intends to change any matter registered pursuant to the latter part of Article 9-3(1) of the Act, it shall submit to the Minister of Trade, Industry and Energy an application for registration of change to a national core technology-holding institution in the form prescribed by Decree of the Ministry of Trade, Industry and Energy, accompanied by the following documents, within 30 days from the date the ground for such change occurs: <Amended on Oct. 1, 2025>

1. A certificate of registration of a national core technology-holding institution under paragraph (3);

2. Documents evidencing such change.

(5) Upon receipt of an application under paragraph (4), the Minister of Trade, Industry and Energy shall issue a certificate of registration of a national core technology-holding institution that reflects the details of the change, and shall record and manage the details thereof in the register of national core technology-holding institutions. <Amended on Oct. 1, 2025>

Article 13-4(Cancellation of registration of national core technology-holding institution) #

(1) Where a national core technology-holding institution intends to apply for the cancellation of registration pursuant to Article 9-3(2) of the Act, it shall submit to the Minister of Trade, Industry and Energy an application for the cancellation of registration of a national core technology-holding institution in the form prescribed by Decree of the Ministry of Trade, Industry and Energy, accompanied by the following documents: <Amended on Oct. 1, 2025>

1. Documents attesting that the person falls under any subparagraph of Article 9-3(2) of the Act;

2. Other reference materials for the review of the cancellation of registration of a national core technology-holding institution.

(2) Upon receipt of an application for the cancellation of registration under paragraph (1), the Minister of Trade, Industry and Energy shall cancel the registration of a national core technology-holding institution if the applicant falls under any subparagraph of Article 9-3(2) of the Act, and shall notify the applicant thereof without delay. <Amended on Oct. 1, 2025>

(3) A person whose registration has been canceled pursuant to paragraph (2) shall return a certificate of registration of a national core technology-holding institution to the Minister of Trade, Industry and Energy within 30 days from the receipt of notice of such cancellation. <Amended on Oct. 1, 2025>

[This Article Added on Jul. 15, 2025]

Article 13-5(Institutions subject to non-disclosure of information on national core technology) #

"Institutions prescribed by Presidential Decree" in the main clause of Article 9-4(1) of the Act means universities and research institutes defined in subparagraphs 5 and 6 of Article 2 of the Industrial Technology Innovation Promotion Act. <Amended on Jul. 15, 2025>

[This Article Added on Feb. 18, 2020]

[Moved from Article 13-3 <Jul. 15, 2025>]

Article 14(Protective measures for national core technology) #

"Matters prescribed by Presidential Decree" in Article 10(1)3 of the Act means the following: <Amended on Feb. 18, 2020>

1. Granting a protection grade to the national core technology, and establishment of security and management regulations thereon;

2. Designation of a person in charge of management of national core technology and dedicated security staff;

3. Security of communications facilities and means in a protective zone for the national core technology;

4. Protection of data on the process and result of processing of information related to the national core technology;

5. Classification and management of professional human resources handling national core technology;

6. Providing security training to professional human resources handling national core technology;

7. Establishment of a system for responding to any leakage of national core technology.

Article 15(Application, etc. for approval for export of national core technology) #

(1) Where the head of a target institution in receipt of a recommendation for improvement under paragraph (1) deems that it is difficult to comply with the recommendation for improvement or it is impossible to complete measures within the period of compliance with the recommendation for improvement due to unavoidable reasons, he or she may explain such reasons to the Minister of Trade, Industry and Energy or request the Minister of Trade, Industry and Energy to extend the period of compliance. <Amended on Jan. 25, 2012; Mar. 23, 2013; Oct. 1, 2025>

1. A contract on sale or transfer of the national core technology (including a provisional contract thereon);

2. Matters concerning the purchaser of the national core technology or a person intending to be transferred the national core technology;

3. Technical materials indicating the use and performance of the national core technology;

4. Conditions and methods for provision of the national core technology;

5. Materials concerning the market size and the competitiveness level of the related products using the national core technology.

6. Data on the research and development expenses subsidized by the State.

(2) Upon receipt of an application under paragraph (1), the Minister of Trade, Industry and Energy shall consult with the head of the relevant central administrative agency within 45 days from the date of receipt of the application, have it undergo deliberation by the Committee, and notify the applicant of the results thereof in writing (including electronic documents). <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 28, 2015; Jul. 15, 2025; Oct. 1, 2025>

(3) If a separate technology examination is required for the national core technology for which an application for approval for export has been filed pursuant to paragraph (1), the Minister of Trade, Industry and Energy shall complete the technology examination within 45 days from the commencement thereof; and if he or she is unable to complete the technology examination within such period due to unavoidable reasons, he or she may extend the period only once by up to 45 days. In such cases, the period required for the technology examination shall not be included in the period referred to in paragraph (2). <Added on Jul. 15, 2025; Oct. 1, 2025>

(4) Upon granting approval pursuant to Article 11(2) of the Act, the Minister of Trade, Industry and Energy may attach necessary conditions to the setting of the validity period of approval, submission of export records, submission of evidential documents, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 15, 2025; Oct. 1, 2025>

Article 16(Reporting of export of national core technology) #

(1) Where the head of a target institution in receipt of a recommendation for improvement under paragraph (1) deems that it is difficult to comply with the recommendation for improvement or it is impossible to complete measures within the period of compliance with the recommendation for improvement due to unavoidable reasons, he or she may explain such reasons to the Minister of Trade, Industry and Energy or request the Minister of Trade, Industry and Energy to extend the period of compliance. <Amended on Jan. 25, 2012; Mar. 23, 2013; Oct. 1, 2025>

1. A contract on sale or transfer of the national core technology (including a provisional contract thereon);

2. Matters concerning the purchaser of the national core technology or a person intending to be transferred the national core technology;

3. Technical materials indicating the use and performance of the national core technology;

4. Conditions and methods for provision of the national core technology;

5. Materials concerning the market size and the competitiveness level of the related products using the national core technology.

(2) Upon receipt of a report under paragraph (1), the Minister of Trade, Industry and Energy shall examine whether the export of the relevant national core technology is likely to have a serious effect on the national security and notify the reporter in writing (including an electronic document) of the result of such examination within 15 days from the date of receipt of the report; and if such export is deemed likely to have a serious effect, he or she may order the reporter to take such measures as the suspension or prohibition of export of the national core technology, restoration to the original state, etc. after consultation thereon with the head of a relevant central administrative agency and resolution of the Committee, within 30 days from the date of notification. <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 28, 2015; Jul. 15, 2025; Oct. 1, 2025>

(3) If a separate technology examination is required for the national core technology for which a report has been filed pursuant to paragraph (1), the Minister of Trade, Industry and Energy shall complete the technology examination within 45 days from the commencement thereof; and if he or she is unable to complete the technology examination within such period due to unavoidable reasons, he or she may extend the period only once by up to 45 days. In such cases, the period required for the technology examination shall not be included in the period referred to in paragraph (2). <Added on Jul. 15, 2025; Oct. 1, 2025>

Article 17(Prior examination of national core technology) #

(1) A target institution that intends to apply for a prior examination of whether the national core technology subject to reporting pursuant to Article 11(7) of the Act is related to the national security shall submit to the Minister of Trade, Industry and Energy an application for prior examination of national core technology in the form prescribed by Decree of the Ministry of Trade, Industry and Energy, accompanied by the following documents: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 15, 2025; Oct. 1, 2025>

1. Matters concerning the purchaser of the national core technology or a person intending to be transferred the national core technology;

2. Technical materials indicating the use and performance of the national core technology;

3. Conditions and methods for provision of the national core technology;

4. Data on the market size and the competitiveness level of the related products using the national core technology.

(2) Upon receipt of an application under paragraph (1), the Minister of Trade, Industry and Energy shall notify the applicant in writing (including electronic documents) of the result of the determination within 15 days from the date of receipt of the application; provided, where a separate technology examination is required for the technology for which an application for prior examination has been made, the period required therefor shall not be included in the period referred to in the main clause. <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 28, 2015; Oct. 1, 2025>

(3) The validity period of determination following prior examination of any national core technology under paragraph (2) shall be one year.

Article 18(Notification of export suspension of national core technology) #

(1) Where the Minister of Trade, Industry and Energy issues an order of the export suspension, export prohibition, restoration to the original state, etc. of any national core technology to the relevant target institution pursuant to Article 11(6) and (8) of the Act, he or she shall inform the head of the intelligence and investigation agency of such fact. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 15, 2025; Oct. 1, 2025>

(2) Upon receipt of an order under paragraph (1), the head of a target institution shall take the relevant measures and notify the Minister of Trade, Industry and Energy of the results thereof within 15 days. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(3) Where the Committee intends to hear the opinions of the target institution related to the deliberation on the export suspension, export prohibition, restoration to the original state, etc., of any national core technology pursuant to Article 11(9)2 or 3 of the Act, it shall notify the head of that institution holding national core technology of the request for attendance at a meeting, at least by five days before the date of the meeting. <Amended on Jul. 15, 2025>

Article 18-2(Exemption from export procedures for national core technology) #

(1) Pursuant to Article 11(11) of the Act, the Minister of Trade, Industry and Energy may exempt deliberation by the Committee or review procedures by a specialized sectoral committee, in any of the following cases: <Amended on Oct. 1, 2025>

1. Where the national core technology exported based on approval under Article 11(1) of the Act or reporting under paragraph (4) of that Article is re-exported;

2. Where a foreign enterprise to which national core technology is to be exported is either a subsidiary of a target institution or an enterprise to which a target institution has exported another national core technology;

3. Where a target institution exports the national core technology for the purpose of conducting joint research with a foreign enterprise, etc. in which a target institution owns all of its shares or equity;

4. Where national core technology is exported for the purposes of obtaining approval, permission, certification, etc. from a foreign government or engaging in litigation with a foreign enterprise, etc.;

5. Other cases equivalent to the provisions of subparagraphs 1 through 4, as recognized by the Minister of Trade, Industry and Energy.

(2) Details regarding the exemption from procedures under paragraph (1) shall be determined by the Minister of Trade, Industry and Energy. <Amended on Oct. 1, 2025>

[This Article Added on Jul. 15, 2025]

[Previous Article 18-2 moved to Article 18-3 <Jul. 15, 2025>]

Article 18-3(Foreign investment, such as cross-border acquisition, merger, and joint venture) #

(1) "Foreign Investment, such as cross-border acquisition, merger, joint venture, etc. prescribed by Presidential Decree" in Article 11-2(1) of the Act means any of the following cases (hereinafter referred to as "cross-border acquisition, merger, etc."): <Amended on Apr. 28, 2015; Feb. 18, 2020; Jul. 15, 2025>

1. Where a foreigner, either unilaterally or with any of the following persons, intends to own at least 50/100 of the stocks or equity (including a right to conversion into stocks or equity or to subscription to stocks or equity in the future; hereinafter referred to as "stocks, etc.") of a target institution holding national core technology (including cases of holding less than 50/100 of stocks, etc., but being able to exercise controlling influence over the appointment of executive officers or management of a target institution holding national core technology as the largest holder of its stocks, etc.):

a. The spouse, a blood relative within 8th degree of kinship, or a relative by marriage within 4th degree of kinship of the foreigner;

b. A company in which the foreigner, either unilaterally or by a contract or agreement with a major stockholder or major equity-holder, can exercise controlling influence over major decision-making or business performance, such as organizational changes or investment in new businesses;

c. A company in which the foreigner, either unilaterally or by a contract or agreement with a major stockholder or major equity-holder, can appoint and dismiss its representative or appoint at least 50/100 of its executive officers;

2. Where the foreigner intends to manage the target institution holding national core technology by means of take-over, lease or entrusted management of all or major part of its business operations;

3. Where the foreigner becomes able to exercise controlling influence over the appointment of at least a majority of executive officers of the target institution holding national core technology by lending or contributing fund to such institution.

(2) "Foreigner determined by Presidential Decree" in Article 11-2(2) of the Act means any of the following persons:

1. An individual who has no nationality of the Republic of Korea;

2. A corporation established under the laws of a foreign country;

3. An agency acting on behalf of a foreign government for overseas economic cooperation;

Article 18-4(Approval for cross-border acquisition, merger, etc.) #

(1) Where a target institution holding national core technology intends to obtain approval for cross-border acquisition, merger, etc. pursuant to Article 11-2(1) of the Act, it shall submit to the Minister of Trade, Industry and Energy an application for approval for cross-border acquisition, merger, etc. related to national core technology in the form prescribed by Decree of the Ministry of Trade, Industry and Energy, accompanied by the following documents: <Amended on Jul. 15, 2025; Oct. 1, 2025>

1. Contracts or written plans related to cross-border acquisition, merger, etc.;

2. The name of the foreigner intending to proceed with cross-border acquisition, merger, etc., the current status of major shareholders, sales, total assets and details of business;

3. Data on the details of the relevant cross-border acquisition, merger, etc. and the current status of the relevant markets;

4. Technical data on the uses and performance of national core technology;

5. Data on the conditions and methods for the provision of national core technology;

6. Data on the market size and the competitiveness level of the relevant products using national core technology;

7. Data on the research and development expenses subsidized by the State.

(2) Upon receipt of an application under paragraph (1), the Minister of Trade, Industry and Energy shall consult thereon with the heads of the relevant central administrative agencies, have it undergo deliberation by the Committee, and notify the applicant of the results thereof in writing (including electronic documents) within 45 days from the date of receipt of the application; provided, where a separate technology examination is required for the national core technology subject to approval, the period required therefor shall not be included in the period referred to in the main clause. <Amended on Oct. 1, 2025>

[This Article Added on Feb. 18, 2020]

[Moved from Article 18-3; previous Article 18-4 moved to Article 18-5 <Jul. 15, 2025>]

Article 18-5(Reporting on progress of cross-border acquisition, merger, etc.) #

(1) Where a target institution holding national core technology intends to report the progress of cross-border acquisition, merger, etc. pursuant to Article 11-2(2) of the Act, it shall submit to the Minister of Trade, Industry and Energy a report on cross-border acquisition, merger, etc. of national core technology in the form prescribed by Decree of the Ministry of Trade, Industry and Energy, accompanied by the documents referred to in the subparagraphs of Article 18-4(1) (the documents referred to in subparagraph 1 of that paragraph shall only be applicable where they are retained by the institution). <Amended on Jul. 15, 2025; Oct. 1, 2025>

(2) Where the Minister of Trade, Industry and Energy in receipt of a report under paragraph (1) proceeds with the procedures for approval for the relevant cross-border acquisition, merger, etc. pursuant to Article 11-2(3) of the Act, he or she shall consult thereon with the heads of relevant central administrative agencies, have it undergo deliberation by the Committee, and notify the reporting person and the foreigner intending to conduct the relevant cross-border acquisition, merger, etc. of the results thereof in writing (including electronic documents); provided, where a separate technology examination is required for the national core technology subject to approval, the period required therefor shall not be included in the period referred to in the main clause. <Amended on Oct. 1, 2025>

(3) The Minister of Trade, Industry and Energy may request the foreigner intending to conduct cross-border acquisition, merger, etc. to submit necessary data, etc. in the approval process under paragraph (2), and the period required for such submission shall not be included in the period referred to in the main clause of paragraph (2). <Amended on Oct. 1, 2025>

[This Article Added on Feb. 18, 2020]

[Moved from Article 18-4; previous Article 18-5 moved to Article 18-6 <Jul. 15, 2025>]

Article 18-6(Reporting on cross-border acquisition, merger, etc.) #

(1) A target institution holding national core technology intends to file a report on cross-border acquisition, merger, etc. pursuant to Article 11-2(5) of the Act, it shall submit to the Minister of Trade, Industry and Energy a report on cross-border acquisition, merger, etc. related to national core technology in the form prescribed by Decree of the Ministry of Trade, Industry and Energy, accompanied by the documents listed in Article 18-4(1)1 through 6. <Amended on Jul. 15, 2025; Oct. 1, 2025>

(2) Where a target institution holding national core technology intends to report the progress of cross-border acquisition, merger, etc. pursuant to Article 11-2(6) of the Act, it shall submit to the Minister of Trade, Industry and Energy a report on cross-border acquisition, merger, etc. related to national core technology in the form prescribed by Decree of the Ministry of Trade, Industry and Energy, accompanied by the documents listed in Article 18-4(1)1 through 6 (the documents referred to in subparagraph 1 of that paragraph shall only be applicable where they are retained by the institution). <Amended on Jul. 15, 2025; Oct. 1, 2025>

(3) Upon receipt of a report under paragraph (1) or (2), the Minister of Trade, Industry and Energy shall examine whether the divulgence of the relevant national core technology is likely to have a serious effect on the national security and shall notify the reporter or a foreigner intending to proceed with cross-border acquisition, merger, etc. in writing (including an electronic document) of the results of such examination within 15 days from the date of receipt of the report, and he or she may order the relevant reporter or the foreigner intending to proceed with cross-border acquisition, merger, etc. to take such measures as suspension or prohibition of cross-border acquisition, merger, etc. or restoration to the original state if such divulgence is deemed likely to have a serious effect on the national security after consultation with the heads of relevant central administrative agencies and deliberation by the Committee, within 30 days from the date of notification; provided, where a separate technology examination is required for the national core technology, the period therefor shall not be included in the period referred to in the main clause. <Amended on Oct. 1, 2025>

[This Article Added on Feb. 18, 2020]

[Moved from Article 18-5; previous Article 18-6 moved to Article 18-7 <Jul. 15, 2025>]

Article 18-7(Notification of suspension or prohibition of cross-border acquisition, merger, etc. and restoration to original state) #

(1) Where the Minister of Trade, Industry and Energy issues an order for the suspension or prohibition of cross-border acquisitions, mergers, etc. or an order for restoration to the original state pursuant to Article 11-2(8) or (10) of the Act, he or she shall notify the head of an intelligence and investigation agency of such fact. <Amended on Jul. 15, 2025; Oct. 1, 2025>

(2) The head of a target institution holding national core technology ordered to take measures under Article 11-2(8) or (10) of the Act and a foreigner intending to proceed with cross-border acquisition, merger, etc. shall take necessary measures and notify the Minister of Trade, Industry and Energy of the results thereof within 15 days from the date such measures are taken. <Amended on Jul. 15, 2025; Oct. 1, 2025>

(3) Where the Committee intends to hear opinions of a target institution holding national core technology in relation to deliberation on the suspension or prohibition of cross-border acquisition, merger, etc. or restoration to the original state pursuant to Article 11-2(11)2 or 4 of the Act, it shall request the head of the relevant institution to attend a meeting by no later than five days before the meeting is held. <Amended on Jul. 15, 2025>

[This Article Wholly Amended on Feb. 18, 2020]

[Moved from Article 18-6; previous Article 18-7 moved to Article 18-8 <Jul. 15, 2025>]

Article 18-8(Prior examination of cross-border acquisition, merger, etc.) #

(1) A target institution which intends to apply for prior examination of whether the cross-border acquisition, merger, etc. subject to approval or reporting pursuant to Article 11-2(9) of the Act is related to the national security shall submit to the Minister of Trade, Industry and Energy an application for a prior examination of cross-border acquisition, merger, etc. in the form prescribed by Decree of the Ministry of Trade, Industry and Energy, accompanied by the following documents: <Amended on Mar. 23, 2013; Feb. 18, 2020; Jul. 15, 2025; Oct. 1, 2025>

1. The name of the foreigner intending to conduct cross-border acquisition, merger, etc., the status of major shareholders, sales, total assets, and details of business;

2. Data on the details of the relevant cross-border acquisition, merger, etc. and the current status of the relevant markets;

3. Technical data on the uses and performance of the national core technology;

4. Data on the conditions and methods for the provision of the national core technology;

5. Data on market size and the competitiveness level of the related products using the national core technology;

6. Other data determined and publicly notified by the Minister of Trade, Industry and Energy, which are necessary for a prior examination of cross-border acquisition, merger, etc.

(2) Article 17(2) and (3) shall apply mutatis mutandis to the notification of a prior examination of cross-border acquisition, merger, etc. under paragraph (1). <Amended on Feb. 18, 2020>

[This Article Added on Jan. 25, 2012]

[Title Amended on Feb. 18, 2020]

[Moved from Article 18-7 <Jul. 15, 2025>]

Article 18-9(Criteria for imposing charges for compelling compliance) #

The criteria for imposing charges for compelling compliance under Article 11-3(1) of the Act shall be as specified in Appendix 1.

[This Article Added on Jul. 15, 2025]

Article 19(Recommendation for improvement) #

(1) Where the Minister of Trade, Industry and Energy intends to make a recommendation for improvement pursuant to Article 13(1) of the Act, he or she shall do so in a written document specifying the content, compliance period, etc. of the recommendation for improvement. <Amended on Jan. 25, 2012; Mar. 23, 2013; Oct. 1, 2025>

(2) Where the head of a target institution in receipt of a recommendation for improvement under paragraph (1) deems that it is difficult to comply therewith or complete measures within the period of compliance with the recommendation for improvement due to unavoidable reasons, he or she may explain such reasons to the Minister of Trade, Industry and Energy or request the Minister of Trade, Industry and Energy to extend the period of compliance. <Amended on Jan. 25, 2012; Mar. 23, 2013; Oct. 1, 2025>

(3) Where the Minister of Trade, Industry and Energy issues an order to take measures pursuant to Article 13(3) of the Act, he or she shall notify the head of the target institution in writing of the details of the order, the compliance period, etc. <Added on Jul. 15, 2025; Oct. 1, 2025>

(4) Once the head of the target institution has taken measures as ordered under Article 13(3) of the Act, he or she shall notify the Minister of Trade, Industry and Energy of the results thereof within 15 days from the date the measures are taken. <Added on Jul. 15, 2025; Oct. 1, 2025>

[Title Amended on Jul. 15, 2025]

Article 19-2(Legitimate process for obtaining information including industrial technology) #

"Legitimate process prescribed by Presidential Decree, such as litigation on industrial technology" in subparagraph 12 of Article 14 means lawsuits over any divulgence and infringement of industrial technology. <Amended on Jul. 15, 2025>

[This Article Added on Feb. 18, 2020]

[Previous Article 19-2 moved to Article 19-3 <Feb. 18, 2020>]

Article 19-3(Procedures and methods for verification of industrial technology) #

(1) A target institution which intends to file an application for verification as to whether any technology in its possession (hereafter referred to as "technology in possession" in this Article) falls under industrial technology pursuant to Article 14-3(1) shall submit to the Minister of Trade, Industry and Energy an application for verification in the form prescribed by Ministerial Decree of the Trade, Industry and Energy, accompanied by the following documents: <Amended on Oct. 1, 2025>

1. A written explanation on the technology, for which an application for verification is submitted;

2. Documents determined and publicly announced by the Minister of Trade, Industry and Energy, which are necessary for verification as to whether or not to fall under industrial technology.

(2) Within 30 days from the date of receiving the application under paragraph (1), the Minister of Trade, Industry and Energy shall, after examining whether or not the technology in possession amounts to industrial technology, notify the applicant in writing (including an electronic document) of whether or not such technology is industrial technology. <Amended on Oct. 1, 2025>

(3) Upon verifying that the technology in question is industrial technology pursuant to paragraph (1), the Minister of Trade, Industry and Energy shall issue the applicant a written verification prescribed by Decree of the Ministry of Trade, Industry and Energy. <Amended on Oct. 1, 2025>

[This Article Added on Apr. 28, 2015]

[Moved from Article 19-2 <Feb. 18, 2020>]

Article 20(Reporting of infringement of industrial technology) #

(1) A person intending to report any infringement of industrial technology pursuant to Article 15(1) of the Act shall submit a report on infringement of industrial technology in the form prescribed by Decree of the Ministry of Trade, Industry and Energy, to the Minister of Trade, Industry and Energy and to the head of an intelligence and investigation agency; provided, in cases of urgency, the person shall first make a report verbally or through the information and communications network and, without delay, submit a report on infringement of industrial technology. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 15, 2025; Oct. 1, 2025>

(2) Upon receipt of a report under paragraph (1), the Minister of Trade, Industry and Energy and the head of the intelligence and investigation agency shall consult with each other as to whether the details of the report falls under any subparagraph of Article 14 of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 15, 2025; Oct. 1, 2025>

(3) The Minister of Trade, Industry and Energy and the head of the intelligence and investigation agency may request the head of a relevant administrative agency to provide necessary cooperation, such as submission of data, etc., if necessary for investigations and measures under Article 15(2) of the Act. <Added on Feb. 18, 2020; Oct. 1, 2025>

Article 21(Establishment of association for industrial technology security) #

(1) Target institutions which intend to establish the Association for Industrial Technology Security under Article 16(1) of the Act (hereinafter referred to as "the Association") shall prepare its articles of association including the following matters and obtain authorization therefor from the Minister of Trade, Industry and Energy: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

1. Purpose and name;

2. Location of the principal office;

3. Matters concerning business affairs and execution thereof;

4. Matters concerning executive officers;

5. Matters concerning qualification for a member;

6. Matters concerning revision of the articles of association;

7. Other matters necessary for the operation of the Association.

(2) To revise its articles of association under paragraph (1), the Association shall file an application for authorization for the revision thereof with the Minister of Trade, Industry and Energy within seven days from the ending date of the general meeting of employees at which a resolution on the revision is passed. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(3) If deemed necessary for the guidance and supervision of the business affair of the Association pursuant to Article 16(6) of the Act, the Minister of Trade, Industry and Energy shall require the Association either to report the implementation status of its business affairs or to submit necessary materials. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 22(Fact-finding surveys for protection of industrial technology) #

(1) The Minister of Trade, Industry and Energy may conduct a fact-finding survey on the following matters pursuant to Article 17(1) of the Act, and may, if necessary, conduct such survey with the cooperation of intelligence and investigative agencies: <Amended on Feb. 29, 2008; Jan. 25, 2012; Mar. 23, 2013; Apr. 28, 2015; Feb. 18, 2020; Oct. 1, 2025>

1. Current status of protection and management of the industrial technology possessed by the target institution;

2. Current status of compliance with a recommendation for improvement under Article 13(1) of the Act issued by the Minister of Trade, Industry and Energy;

3. Inspection of security vulnerabilities of the target institution.

(2) A fact-finding survey under paragraph (1) may be conducted according to the following classification; provided, the Minister of Trade, Industry and Energy may additionally conduct a fact-finding survey if it is deemed necessary for understanding the current status of national core technology protection or for designating, altering, or canceling any national core technology: <Amended on Feb. 29, 2008; Jan. 25, 2012; Mar. 23, 2013; Jul. 15, 2025; Oct. 1, 2025>

1. Survey conducted in writing or by other means such as information and communications networks: Annually;

2. On-site survey: Bi-annually.

(3) Where intending to conduct an on-site survey pursuant to paragraph (2)2, the Minister of Trade, Industry and Energy shall notify the head of the target institution in writing of the date, place, and details of such survey at least 30 days prior to the visit. <Amended on Jul. 15, 2025; Oct. 1, 2025>

Article 23(International cooperation projects) #

"Project prescribed by Presidential Decree" referred to in Article 18(2)4 of the Act means any of the following projects: <Amended on Apr. 28, 2015>

1. A project concerning the international standardization and international joint research and development of industrial security technologies:

2. A project concerning exploration of overseas markets of industrial security technologies.

Article 24(Providing education on industrial technology protection) #

The Minister of Trade, Industry and Energy shall provide education containing the following content at least twice every year to executive officers and employees of target institutions, pursuant to 19 (2) of the Act: <Amended on Feb. 29, 2008; Jan. 25, 2012; Mar. 23, 2013; Apr. 28, 2015; Oct. 1, 2025>

1. Acts and subordinate statutes and protection guidelines concerning the prevention of divulgence of industrial technology, and the protection thereof;

2. Current status of the divulgence of industrial technology related to the prevention of divulgence of industrial technology, and the protection thereof;

3. Countermeasures such as responses to the divulgence of industrial technology;

4. Other matters deemed necessary for the prevention of divulgence of industrial technology, and the protection thereof.

Article 25(Payment, use, and management of contributions) #

(1) To pay contributions to an entity conducting an industrial security technology development project, etc. (hereinafter referred to as "project-managing institution") pursuant to Article 20(3) of the Act, the head of a relevant central administrative agency and the head of the intelligence and investigation agency may pay them in a lump sum or installments, in consideration of the progress of the industrial security technology development project.

(2) The project-managing institution in receipt of the contributions pursuant to paragraph (1) shall manage the contributions by establishing a separate account therefor.

(3) The project-managing institution shall use contributions under paragraph (1) on the following expenses for the industrial security technology development project: <Amended on Jan. 5, 2021>

1. Personnel costs such as internal personnel expenses and external personnel expenses;

2. Direct costs such as expenses for research apparatus and facilities, expenses for materials, and expense for manufacturing a trial product;

3. Indirect costs such as indirect expenses, technology development reserve fund, and expenses for application for and registration of an intellectual property;

4. Cost for entrusted research and development.

(4) Where the project-managing institution has used contributions under paragraph (1) for a purpose other than those under paragraph (3) without a justifiable ground, the head of a relevant central administrative agency and the head of the intelligence and investigation agency may recover all or part of such contributions.

Article 26(Rewards for industrial technology protection) #

(1) A person to receive a reward and payment of a monetary reward under Article 21(1) of the Act shall be selected from among the persons who file an application in response to a public announcement or the persons recommended by the relevant agencies.

(2) A person selected as one to receive payment of a monetary reward pursuant to paragraph (1) shall be paid a monetary reward not exceeding 100 million won, as prescribed by Decree of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 27(Request for personal protection) #

A person who intends to request personal protection, etc. pursuant to Article 21(2) of the Act shall submit to the head of the intelligence and investigation agency a written request for personal protection, etc. prescribed by Decree of the Ministry of Trade, Industry and Energy; provided, where necessary for urgent processing, that person shall first make a request verbally or through the information and communications network and, without delay, submit a written request for personal protection, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 28(Support for target institutions) #

(1) To provide support under each subparagraph of Article 22(1) of the Act, the head of a relevant central administrative agency and the head of the intelligence and investigation agency shall formulate a plan for such support. <Amended on Jan. 25, 2012>

(2) A target institution which intends to be provided with support under Article 22(1) of the Act shall apply for support by the end of September every year, in accordance with the procedures determined and publicly announced by the head of a relevant central administrative agency and the head of the intelligence and investigation agency, respectively.

Article 29(Composition and operation of Industrial Technology Dispute Conciliation Committee) #

(1) The Industrial Technology Dispute Conciliation Committee under Article 23(1) of the Act (hereinafter referred to as "the Conciliation Committee") shall have at least five civil members.

(2) The Chairperson of the Conciliation Committee shall convene and preside over meetings thereof.

(3) To convene a meeting, the Chairperson of the Conciliation Committee shall notify each member in writing of the date, location, and agenda items of the meeting, by seven days before the date of the meeting; provided,, where any urgent circumstance or any other extenuating circumstance exists, the Chairperson may make a verbal notification by the date immediately before the date of the meeting.

(4) Deleted. <Apr. 28, 2015>

(5) A meeting of the Conciliation Committee shall be held in camera; provided, in any case falling under Article 27(2) of the Act, the parties to a dispute or persons of interest may be permitted to sit in on a meeting.

(6) The persons concerned attending the Conciliation Committee may be paid allowances and travel expenses, within budgetary limits; provided, no allowances and travel expenses shall be paid to a public official who attends the meeting in direct relation to his or her assigned duties.

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

Article 30(Composition and operation of conciliation panel) #

(1) The conciliation panel under Article 24(1) of the Act (hereinafter referred to as "conciliation panel") shall be composed of the persons designated by the Chairperson of the Conciliation Committee, from among the members of the Conciliation Committee.

(2) To convene a meeting, the Chairperson of the Conciliation Committee shall notify each member in writing of the date, location, and agenda items of the meeting, by seven days before the date of the meeting; provided,, where any urgent circumstance or any other extenuating circumstance exists, the Chairperson may make a verbal notification by the date immediately before the date of the meeting.

(3) A meeting of the conciliation panel shall be held with the majority of the members, and shall pass resolutions with the concurrent vote of the majority of those present.

(4) After examining a conciliation case, the conciliation panel shall prepare a proposal for conciliation and present it to the Conciliation Committee; provided, it shall not be presented where the conciliation panel has been entrusted with the case in question in its entirety by the Conciliation Committee pursuant to Article 24(2) of the Act.

(5) A meeting of the conciliation panel is held in camera.

Article 31(Methods of conciliation of disputes) #

(1) Upon receiving an application for conciliation of a dispute pursuant to Article 26(1) of the Act, the Conciliation Committee may inform the parties to the dispute in writing, of the content of such application, and recommend them to reach an agreement before conciliation.

(2) Where deemed necessary, the Conciliation Committee may deliberate on any conciliation case by separating it from other conciliation case or combining it with other conciliation case.

(3) Where the Conciliation Committee decides to deliberate on any conciliation case, by either separating it from other conciliation case or combining it with other conciliation case pursuant to paragraph (2), the Chairperson of the Conciliation Committee shall inform the parties to the conciliation case in writing of such fact.

Article 32(Procedures for hearing opinions) #

(1) To hear opinions pursuant to Article 27(2) of the Act, the Conciliation Committee shall notify the date and place of the meeting and the grounds for requesting conciliation to the parties to the dispute or person for reference, at least by seven days before the date of the meeting.

(2) Where a person who receives a notification under paragraph (1) is unable to attend a meeting of the Conciliation Committee due to any extenuating circumstance, he or she may present his or her opinion in a written document.

Article 33(Protocol for conciliation) #

The protocol for conciliation under Article 28(3) of the Act shall contain the following matters:

1. Case number and name;

2. Name and Address of an applicant for conciliation;

3. Outline of the dispute referred for conciliation:

a. Personal matters of the parties;

b. Outline of the divulged industrial technology;

c. Details of the dispute;

d. Issues of the conciliation (stating the opinions of the parties thereto);

4. Result of the conciliation (stating the results by issue of the conciliation).

Article 34(Fees) #

(1) A person who intends to apply for the conciliation of a dispute related to the divulgence of industrial technology pursuant to Article 26(1) of the Act shall pay a fee under Article 32(1) of the Act either by means of revenue stamp, or by means of electronic currency or electronic settlement, etc. through the information and communications network. <Amended on Apr. 5, 2011>

(2) No fees under paragraph (1) shall be refunded; provided, they shall be refunded where procedures for the conciliation of a dispute are revoked before the beginning of the procedures therefor.

Article 35(Detailed rules of conciliation of disputes) #

Except as prescribed in this Decree, matters necessary for the operation of the Conciliation Committee or for the conciliation of disputes shall be determined by the Chairperson of the Conciliation Committee via a resolution thereof.

Article 36(Entrustment of affairs) #

(1) The Minister of Trade, Industry and Energy shall entrust the following matters to the Association pursuant to Article 33 of the Act: <Amended on Feb. 29, 2008; Jan. 25, 2012; Mar. 23, 2013; Apr. 28, 2015; Feb. 18, 2020; Oct. 1, 2025>

1. Fact-finding surveys under Article 17 of the Act;

2. International cooperation regarding industrial security technology under Article 18 of the Act;

3. Education for industrial technology protection under Article 19 of the Act;

4. Support under each subparagraph of Article 22(1) of the Act;

5. Any of the following affairs under Article 19-3:

a. Receipt of applications for verification of industrial technology;

b. Technical examination;

c. Notification of the result of examination;

d. Sending of a written verification.

(2) Upon entrusting affairs pursuant to paragraph (1), the Minister of Trade, Industry and Energy shall publicly announce the name, representative and location of the entrusted agency and the content of entrusted affairs. <Added on Apr. 28, 2015; Oct. 1, 2025>

Article 36-2(Duties subject to confidentiality) #

"Duties prescribed by Presidential Decree, such as requests for disclosing information under the Official Information Disclosure Act and litigation on industrial technology" in subparagraph 10 of Article 34 of the Act means the following:

1. Duties relating to disclosure of information under the Official Information Disclosure Act;

2. Duties relating to litigation over industrial technology leakage and infringement.

[This Article Added on Feb. 18, 2020]

[Previous Article 36-2 moved to Article 36-3 <Feb. 18, 2020>]

Article 36-3(Re-examination of regulation) #

(1) The Minister of Trade, Industry and Energy shall examine the appropriateness of the following matters every two years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every second year) and shall take measures, such as making improvements: <Amended on Apr. 28, 2015; Feb. 18, 2020; Jul. 15, 2025; Oct. 1, 2025>

1. Documents for reporting cross-border acquisition, merger, etc. under Articles 18-5(1) and 18-6(1) and (2): January 1, 2015;

2. Documents for applying for a prior examination under Article 18-8(1): January 1, 2015.

(2) The Minister of Trade, Industry and Energy shall examine the appropriateness of imposition standards for administrative fines under Article 37 and Appendix 2, counting from April 1, 2015 (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements. <Added on Apr. 28, 2015; Jul. 15, 2025; Oct. 1, 2025>

[This Article Added on Dec. 9, 2014]

[Moved from Article 36-2 <Feb. 18, 2020>]

Article 37(Criteria for imposing administrative fines) #

The criteria for imposing administrative fines under Article 39(1) of the Act shall be as specified in Appendix 2. <Amended on Jul. 15, 2025>

[This Article Wholly Amended on Apr. 21, 2009]