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Government Legislation

  • [IT & IPR] Partial Amendment to the Enforcement Decree of the Act on the Prevention and Protection of Industrial Technology Leakage
    • Competent Ministry : Ministry of Trade, Industry and Energy
    • Advance Publication of Legislation :
    • Opinion Submission Deadline :
1. Reason for Amendment

- To systematically manage national core technologies and other industrial technologies, a national core technology ownership confirmation system and a registration system for holding institutions are introduced. The amendment also aims to strengthen support for the Industrial Technology Protection Committee by designating a Technology Security Center and allowing for enforcement orders if recommendations for technology protection are not followed, with fines imposed for non-compliance. Additionally, in cases of illegal overseas mergers and acquisitions, enforcement orders for cessation, prohibition, or restoration to the original state will be imposed, along with fines for non-compliance. The amendment also introduces new timelines for technology review to improve predictability and includes provisions for advance notification in case of surveys or field visits and for requesting supplementary documents, thereby addressing some deficiencies in the current system.



2. Key Contents
a. Designate the Korea Institute for Industrial Technology Evaluation and Planning as the Technology Security Center, and establish the scope of its duties and necessary budget support (Article 7-2).


b. Regulate the target, method, and procedure for notifying companies to apply for national core technology designation (Article 13-2).


c. Define procedures for registration, modification, and deregistration of national core technology holding institutions, as well as required documents (Article 13-3).


d. Exempt or simplify the review process for exports with low concerns for technology leakage, as determined by the Protection Committee or relevant expert committees (Article 16-2).


e. If the head of an institution does not implement improvement recommendations, the content and implementation period of enforcement orders will be written and communicated to the institution (Article 19, Paragraphs 3 and 4).


f. Impose enforcement fines of up to 10 million KRW per day for non-compliance with orders to halt, prohibit, or restore illegal overseas mergers and acquisitions, considering the violation and the amount involved in the merger or acquisition (Article 18-8, Appendix 2).


g. Set the target and standards for fines related to refusal to cooperate with export approval document submissions or non-compliance with protection orders (Appendix 1).


h. Ensure that the Minister of Industry and information investigation agencies consult on whether reported violations constitute prohibited acts (Article 20, Paragraph 2).


i. Set upper limits for technology review periods during national core technology determinations and export or merger and acquisition reviews (Article 13-2, Paragraph 6; Article 15-4; Article 16-4).


j. Conduct annual surveys via information communication networks and provide advance written notice to institutions targeted for field visit investigations (Article 22, Paragraphs 3 and 4).


k. Allow for requests for supplementary documents during national core technology determinations, export, and overseas merger and acquisition reviews, with the review period excluding the time taken for document supplementation (Article 13-2, Paragraph 5; Article 15-3; Article 16-3; Article 18-3, Paragraph 3; Article 18-4, Paragraph 3).

Regulatory effect assessment
  • 산업기술의 유출방지 및 보호에 관한 법률 시행령(규제영향분석서)_20250331.hwp [download]
Legislative proposal (draft)
  • ★★ (시행령) 1. (입법예고문) 산업통상자원부 공고 제2025-264호(산업기술의 유출방지 및 보호에 관한 법률 시행령 일부개정법률(안)).hwp [download]