The Ministry of Science and ICT (the “MSIT”) has amended the “Special Act on the Fostering of National Strategic Technologies” (Act No. 20726) (the “National Strategic Technology Fostering Act” or the “Act”) and its enforcement decree (the “Enforcement Decree”) to require prior consultation with relevant government agencies before providing foreign governments and institutions (collectively “foreign bodies”) with information relating to national strategic technologies. These amendments became effective on August 1, 2025.

The National Strategic Technology Fostering Act was enacted on March 21, 2023, to (i) establish a systematic framework to secure strategic technologies at the national level in response to intensifying global technological competition, and (ii) firmly establish Korea’s sovereignty over science and technology. The Act encompasses a wide range of policies designed to foster and support technological innovation, including the designation and management of national strategic technologies, formulation of strategic plans, designation of policy support institutions, identification of strategic research projects and provision of special regulatory exemptions as deemed necessary. Currently, 50 key technologies spanning 12 sectors have been designated as national strategic technologies.

Companies engaged in projects involving national strategic technologies, along with government-funded research institutions (collectively, “technology fostering entities”), are obligated to notify the heads of relevant ministries upon receipt of any requests from foreign bodies for information related to national strategic technologies. The recently amended Act and its Enforcement Decree further impose a prior consultation obligation, mandating technology fostering entities to consult with the heads of relevant ministries before disclosing national strategic technology-related information.
 

In the Republic of Korea, the protection of technologies vital to national security and the prevention of their leakage abroad are governed by the Act on Prevention of Divulgence and Protection of Industrial Technology, and the National Strategic Technology Fostering Act. These statutes designate certain technologies as national core technologies and national high-tech strategic technologies, thereby imposing mandatory export approval and reporting obligations, alongside requisite protective measures.

The recent amendments to the National Strategic Technology Fostering Act and its Enforcement Decree do not prescribe specific penalties or administrative sanctions for non-compliance with notification or prior consultation obligations arising from requests by foreign bodies. Nonetheless, it is important to recognize that any national strategic technology provided to foreign governments or institutions may implicate technologies classified as national core technologies or national high-tech strategic technologies. Such technologies are subject to export approval and reporting requirements administered by the MOTIE, which mandate consultation with the heads of relevant central administrative agencies.

The MSIT is in the process of developing guidelines on the notification and prior consultation system. Additionally, the MSIT has announced it intends to hold informational briefings and will continuously enhance the system through sustained engagement and communication with stakeholders.

Therefore, technology fostering institutions are advised to conduct a thorough review of, and ensure strict compliance with, the regulatory frameworks governing national core technologies, national high-tech strategic technologies and national strategic technologies prior to disclosing any information regarding technologies in their possession to foreign bodies.

[Korean Version]