FOREIGN TRADE ACT
Wholly Amended by Act No. 8356, Apr. 11, 2007
Amended by Act No. 8852, Feb. 29, 2008
Act No. 9154, Dec. 19, 2008
Act No. 9221, Dec. 26, 2008
Act No. 9630, Apr. 22, 2009
Act No. 10231, Apr. 5, 2010
Act No. 10339, Jun. 4, 2010
Act No. 12285, Jan. 21, 2014
Act No. 13838, Jan. 27, 2016
Act No. 16422, Apr. 30, 2019
Act No. 16929, Feb. 4, 2020
Act No. 17012, Mar. 18, 2020
Act No. 18885, Jun. 10, 2022
Act No. 19808, Oct. 31, 2023
Act No. 20319, Feb. 20, 2024
Act No. 21065, Oct. 1, 2025
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the growth of the national economy by promoting foreign trade, establishing a fair trade system, maintaining international balance of payments, and expanding commerce.
The terms used in this Act are defined as follows: <Amended on Jan. 21, 2014; Feb. 4, 2020>
| 1. | The term "trade" means the exportation and importation of those falling under any of the following items (hereinafter referred to as "goods, etc."): |
| b. | Services prescribed by Presidential Decree; |
| c. | Intangible goods in an electronic form prescribed by Presidential Decree; |
| 2. | The term "goods" means movables, which exclude those of the following items: |
| 3. | The term "trader" means any person who wholly or partially delegates or conducts acts for the exportation and importation of goods, etc., such as a person who engages in exportation or importation, a person to whom a foreign importer or exporter delegates activities relating to exportation and importation, or a person who delegates activities relating to exportation and importation; |
| 4. | The term "export contract between governments" means an export contract that an agency exclusively responsible for export contracts between governments under Article 32-3(1) concludes with a foreign government to export items, etc. (excluding defense industry materials, etc. under Article 2(1)1 of the Defense Industry Development and Support Act ) for value to the foreign government as a contracting party on behalf of, or jointly with, a domestic company, in accordance with a procedure prescribed by Presidential Decree, at the request of the foreign government. |
| Article 3 (Principle of free and fair trade) |
| (1) | Foreign trade in the Republic of Korea shall be promoted on the basis of the principle of free and fair trade in compliance with the treaties on trade entered into and promulgated pursuant to the Constitution of the Republic of Korea and the generally accepted international laws and regulations. |
| (2) | When there are any provisions that place a restriction on trade in any treaty on trade signed and promulgated pursuant to this Act, any other Act, or the Constitution of the Republic of Korea, or in any of the generally accepted international laws and regulations, the Government shall apply such restriction to the minimum extent necessary for achieving the intended purposes of such restriction. |
| Article 4 (Measures for promotion of trade) |
| (1) | The Minister of Trade, Industry and Resources may take measures for continuously increasing the exportation and importation of goods, etc., under conditions prescribed by Presidential Decree, if considered necessary for the promotion of trade. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (2) | The Minister of Trade, Industry and Resources may give necessary support to a person who falls under any of the following subparagraphs, under conditions prescribed by Presidential Decree, if considered necessary for the promotion of trade under paragraph (1): <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| 1. | A person who engages in a business of advisory services, guidance services, overseas advertising, exhibitions, training, arranging business talks, etc. for promoting trade; |
| 2. | A person who has established and run a facility related to trade, including a trade exhibition center and a trade training center; |
| 3. | A person who has established and run a platform for the scientific processing of the business affairs relating to trade. |
| Article 5 (Restrictions on trade and other special measures) |
When there occurs any event or cause set forth in any of the following subparagraphs, the Minister of Trade, Industry and Resources may place a restriction or prohibition on the exportation and importation of goods, etc., under conditions prescribed by Presidential Decree; provided, the export, import, transit, transshipment, or brokerage of goods, etc. may be restricted or prohibited in cases falling under subparagraph 4 as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013; Feb. 20, 2024; Oct. 1, 2025>
| 1. | When there occurs a war, commotion, or natural disaster in the Republic of Korea or any trading partner country (hereinafter referred to as "trading partner country"); |
| 2. | When any trading partner country fails to respect any right or interest of the Republic of Korea as provided in a treaty or any of the generally accepted international laws and regulations; |
| 3. | When any trading partner country imposes an unfair or discriminatory burden or restriction upon Korean trade; |
| 4. | When it is necessary to perform duties to maintain international peace and security under treaties on trade entered into and promulgated pursuant to the Constitution of the Republic of Korea and generally accepted international laws and regulations; |
| 4-2. | When trade with trading partner countries is hurt or likely to be hurt by drastic changes in trading circumstances due to international cooperation for maintaining world peace and security; |
| 5. | When it is necessary for protecting and conserving life, health, and safety of people, and life and health of animals and plants as well as the environment and domestic resources. |
| Article 6 (Consultation concerning statutes on trade) |
| (1) | All matters concerning trade shall be governed by this Act. |
| (2) | The head of a relevant administrative agency who intends to enact or amend statutes, directive, public notice, etc. that place a restriction on the exportation or importation of goods, etc. (hereinafter referred to as "guidelines for exportation and importation") shall consult with the Minister of Trade, Industry and Resources in advance. In such cases, the Minister of Trade, Industry and Resources may request the head of the relevant administrative agency to adjust the guidelines for exportation and importation. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
CHAPTER II PROMOTION OF INTERNATIONAL COMMERCE
| Article 7 (Establishment of implementation plans for promotion of international commerce) |
| (1) | Each year the Minister of Trade, Industry and Resources shall establish a policy for the promotion of commerce for the following year to promote trade and commerce. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (2) | The policy for the promotion of commerce under paragraph (1) shall include the following matters: <Amended on Apr. 22, 2009> |
| 1. | Basic direction of the policy for the promotion of commerce; |
| 2. | Analysis and forecast of the circumstances of international commerce; |
| 3. | Schemes for promotion of negotiations related to trade and commerce and for support of overseas expansion of corporations; |
| 4. | Schemes for supporting the development of overseas markets, such as rendering advisory and guidance services, overseas advertising, exhibitions, arranging business talks, cultivating professional talents for the promotion of commerce; |
| 5. | Schemes for collecting, analyzing, and making the best use of information about commerce; |
| 6. | Measures to promote cooperation at home and abroad for smooth supply and demand of raw materials; |
| 7. | Other matters prescribed by Presidential Decree. |
| (3) | The Minister of Trade, Industry and Resources may make inquiries about the commerce-related systems, practices, etc. of trading partner countries and difficulties that Korean companies face while conducting business abroad, in order to collect basic data for establishing the policy for the promotion of commerce pursuant to paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (4) | The Minister of Trade, Industry and Resources may request Korean companies doing business abroad to provide him or her with data necessary for establishing the policy for the promotion of commerce under paragraph (1), and may provide them with support, where necessary. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (5) | In establishing the policy for the promotion of commerce under paragraph (1), the Minister of Trade, Industry and Resources shall hear the opinions of the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"), and shall notify the Mayor/Do Governor of the policy, once such policy for the promotion of commerce is established. The same shall also apply to any revision to the policy. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013; Oct. 1, 2025> |
| (6) | The Mayor/Do Governor shall, upon receiving the notice of the policy for promotion of commerce pursuant to paragraph (5), establish and implement the regional policy for promotion of commerce appropriate for the region under his or her jurisdiction. |
| (7) | The Mayor/Do Governor shall notify the Minister of Trade, Industry and Resources of his or her regional policy for promotion of commerce, once such policy is established pursuant to paragraph (6). The same shall also apply to any revisions to such policy. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| Article 8 (Support for cooperative activities by private sector) |
| (1) | The Minister of Trade, Industry and Resources may provide necessary support to an institution or organization related to trade or commerce, if such institution or organization promotes cooperative activities with the central government, a local government, an institution, or an organization of a trading partner country with regard to commerce, industry, technology, energy, etc., under conditions prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (2) | The Minister of Trade, Industry and Resources may collect information from institutions and organizations related to trade and commerce systematically and analyze such information to furnish local governments and companies with such information as required, in order to help companies develop overseas markets. <Amended on Feb. 29, 2008; Apr. 22, 2009; Mar. 23, 2013; Oct. 1, 2025> |
| (3) | The Minister of Trade, Industry and Resources may request the head of the relevant central administrative agency, Mayor/Do Governor, agency or organization engaged in trade, commerce and overseas expansion of corporations, to submit data and statistics, if necessary for collection, analysis and provision of information under paragraph (2). <Added on Apr. 22, 2009; Mar. 23, 2013; Oct. 1, 2025> |
| (4) | The Minister of Trade, Industry and Resources shall establish a center for support of overseas expansion in the Korea Trade-Investment Promotion Agency under the Korea Trade-Investment Promotion Agency Act, so as to carry out tasks comprehensively, including counseling, guidance, publicity, research related to overseas expansion of corporations and other support for overseas expansion of corporations. <Added on Apr. 22, 2009; Mar. 23, 2013; Oct. 1, 2025> |
| (5) | Matters necessary for composition, operation, supervision, etc. of a center for support of overseas expansion under paragraph (4) shall be prescribed by Presidential Decree. <Added on Apr. 22, 2009> |
| Article 8-2 (Designation of and support for specialized trading company) |
| (1) | The Minister of Trade, Industry and Resources may designate a trader as a specialized trading company and support such trader, taking into consideration the export performance, the proportion of export products produced by small and medium enterprises, and other factors, so as to explore new markets, develop new products, and expand exports by small and medium enterprises and middle standing enterprises. <Amended on Oct. 1, 2025> |
| (2) | Necessary matters concerning criteria and procedures for designation under paragraph (1), details of support, etc. shall be prescribed by Presidential Decree. |
| (3) | When a company designated as a specialized trading company under paragraph (1) fails to satisfy the criteria for designation under paragraph (2), the Minister of Trade, Industry and Resources may revoke the designation; provided, where the designation is made by fraud or other improper means, such designation shall be revoked. <Amended on Oct. 1, 2025> |
[This Article Added on Jan. 21, 2014]
| Article 9 (Submission of data for implementation of treaty concerning trade) |
| (1) | The Minister of Trade, Industry and Resources may request the relevant public agencies, corporations, organizations, etc. to submit necessary data, under conditions prescribed by Presidential Decree, when it is needed to honor a treaty concerning trade, which the Republic of Korea has concluded. <Amended on Mar. 23, 2013; Oct. 1, 2025> |
| (2) | No person who has acquired data necessary for implementation of a treaty concerning trade under paragraph (1) in performing his or her duty, shall provide or divulge the corporate information, which is deemed to need confidentiality, such as the business secret of a corporation, from among the data he or she has acquired, to other persons, or use them for any other purpose, without consent of the provider of such information. |
[This Article Wholly Amended on Apr. 22, 2009]
CHAPTER III EXPORTATION AND IMPORTATION
SECTION 1 General Provisions for Exportation and Importation
| Article 10 (Principles of exportation and importation) |
| (1) | Subject to the purposes of this Act, the exportation and importation of goods, etc., the receipts and payments of the prices therefor shall be liberalized. |
| (2) | Every trader shall conduct transactions in good faith at his or her own risk to secure credibility in overseas markets and maintain the free trade system. |
| Article 11 (Restrictions on exportation and importation) |
| (1) | The Minister of Trade, Industry and Resources may restrict or ban exportation or importation of goods, etc. designated and publicly notified, as deemed necessary for the implementation, etc. of any of the following matters: <Amended on Jan. 27, 2016; Oct. 1, 2025> |
| 2. | Protecting biological resources; |
| 3. | Promoting economic cooperation with trading partner countries; |
| 4. | Seamless supply and demand of materials for national defense; |
| 5. | Development of science and technology; |
| 6. | Any other matters prescribed by Presidential Decree as necessary for trade and industrial policies. |
| (2) | Each person who intends to export or import any of the goods, etc. restricted from being exported or imported pursuant to paragraph (1) shall obtain approval from the Minister of Trade, Industry and Resources, as prescribed by Presidential Decree; provided, the same shall not apply to exportation or importation of goods, etc. that require immediate handling and any other goods, etc. for simplifying the process of exportation or importation which meet the criteria specified by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 27, 2016; Oct. 1, 2025> |
| (3) | The effective period of approval for exportation or importation under the main clause of paragraph (2) (including cases deemed to have been granted approval for exportation under paragraph (8)) shall be one year; provided, the Minister of Trade, Industry and Resources may set a different effective period, as prescribed by Presidential Decree, in consideration of domestic price stabilization, adjustment of demand and supply, delivery conditions of goods, etc. and transaction nature. <Added on Jul. 30, 2013; Oct. 1, 2025> |
| (4) | The effective period of approval for exportation or importation under paragraph (3) may be extended within a period not exceeding one year after obtaining approval from the Minister of Trade, Industry and Resources, as prescribed by Presidential Decree. <Added on Jul. 30, 2013; Oct. 1, 2025> |
| (5) | Any person who intends to revise any of the important matters specified by Presidential Decree among the matters approved pursuant to paragraph (2), shall obtain approval for such revision from the Minister of Trade, Industry and Resources, while any other minor modifications require reporting to the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013; Oct. 1, 2025> |
| (6) | The Minister of Trade, Industry and Resources may, if considered necessary, place limitations on the quantity, price, and specifications of goods, etc. subject to approval under paragraphs (1) and (2) by items, and on areas which such goods, etc. may be exported to and imported from. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013; Oct. 1, 2025> |
| (7) | The Minister of Trade, Industry and Resources shall publicly announce, whenever placing any restriction, ban, or limitation, prescribing any matter concerning approval, setting and extending the effective period of approval or report, or establishing any procedure therefor pursuant to the provisions of paragraphs (1) through (6). <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013; Oct. 1, 2025> |
| (8) | Any person who holds export license or export approval issued pursuant to Article 19-2 or 32 shall be deemed to have obtained approval for exportation under paragraph (2). <Amended on Jul. 30, 2013; Feb. 20, 2024> |
| Article 12 (Consolidated public announcement) |
| (1) | The head of the relevant administrative agency shall, when enacting or amending the guidelines for exportation and importation, submit the guidelines to the Minister of Trade, Industry and Resources so that public announcement on such enactment or amendment can be issued pursuant to paragraph (2) before such guidelines come into effect. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (2) | The Minister of Trade, Industry and Resources shall combine the guidelines for exportation and importation submitted pursuant to paragraph (1) to issue a consolidated public announcement thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| Article 13 (Recognition of specific forms of trade) |
| (1) | The Minister of Trade, Industry and Resources may recognize specific forms of exportation or importation of certain goods, etc. specified by Presidential Decree in order to facilitate exportation or importation of such goods, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (2) | The Minister of Economy and Finance shall, when prescribing a means of settlement of payments for trade pursuant to statutes governing transactions of foreign exchange, consult in advance with the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| Article 14 (Confirmation of goods eligible for exemption from export or import approval) |
The Minister of Trade, Industry and Resources shall confirm whether certain goods, etc. exported or imported without approval (referring only to goods, etc. falling under the main clause of Article 11(2)) constitute any of the goods, etc. set forth in the proviso of Article 11(2). <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
| Article 15 (Establishment of platform for scientific processing of trade affairs) |
| (1) | The Minister of Trade, Industry and Resources shall make efforts to establish a platform for dealing with trade affairs scientifically, including the system of international trade statistics and the exchange system of electronic documents, in order to facilitate systematic and efficient exportation and importation of goods, etc. <Amended on Feb. 29, 2008; Apr. 22, 2009; Mar. 23, 2013; Oct. 1, 2025> |
| (2) | The Minister of Trade, Industry and Resources may, if deemed necessary for establishing a platform for scientific handling of trade affairs pursuant to paragraph (1), request the heads of the relevant administrative agencies to furnish him or her with information about exportation and importation of goods, etc., including customs records, under conditions prescribed by Presidential Decree. In such cases, the heads of the relevant administrative agencies shall provide cooperation upon receiving such request. <Amended on Feb. 29, 2008; Apr. 22, 2009; Mar. 23, 2013; Oct. 1, 2025> |
| (3) | The heads of the relevant administrative agencies may, if deemed necessary for the purposes of this Act, request the Minister of Trade, Industry and Resources to furnish them with information about exportation and importation of goods, etc. as compiled pursuant to paragraphs (1) and (2). In such cases, the Minister of Trade, Industry and Resources shall provide cooperation upon such request. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
SECTION 2 Importation and Purchase of Raw Materials or Equipment for Earning Foreign Exchanges
| Article 16 (Import approval for raw materials and equipment for earning foreign currencies) |
| (1) | The Minister of Trade, Industry and Resources may not apply the provisions of Article 11(6) to goods, etc. imported for earning foreign currencies including raw materials, machinery, and equipment (hereinafter referred to as "materials and equipment"); provided, the same shall not apply where it is necessary to promote the use of domestic raw materials and equipment. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013; Oct. 1, 2025> |
| (2) | The Minister of Trade, Industry and Resources may specify the scope, items, and quantity of the materials and equipment under paragraph (1) to issue a public announcement thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (3) | Every person who imports, or entrusts the importation of, any material or equipment under paragraph (1) shall earn foreign currencies equivalent to the value of the material or equipment imported; provided, the same shall not apply where the Minister of Trade, Industry and Resources has approved pursuant to Article 17. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (4) | The scope of foreign currencies earned pursuant to paragraph (3), the time period for fulfilling such obligation, the method of verification, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 17 (Use of materials or equipment imported for earning foreign currencies for any purpose other than originally intended purpose) |
| (1) | A person who wishes to use any material or equipment imported pursuant to Article 16(1) or any goods, etc. manufactured with such material or equipment, for any purpose other than the originally intended purpose due to any inevitable reason shall obtain approval from the Minister of Trade, Industry and Resources for such use, under conditions prescribed by Presidential Decree; provided, the same shall not apply to the materials and equipment specified by Presidential Decree and the goods, etc. manufactured with such materials and equipment. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (2) | When a person intends to transfer any material or equipment imported pursuant to Article 16(1), or any goods, etc. manufactured with such material or equipment, to another person who intends to use or export such material, equipment, goods, etc. for the originally intended purpose, both the intended transferor and the intended transferee shall obtain approval from the Minister of Trade, Industry and Resources for such transfer; provided, the same shall not apply to materials and equipment specified by Presidential Decree and the goods, etc. manufactured with any of such materials and equipment. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (3) | As to the transferors of any of the materials or equipment under paragraph (2) or any goods, etc. manufactured with such materials or equipment, the provisions of Article 16(3) and (4) shall apply mutatis mutandis. |
| Article 18 (Issuance of purchase certificate) |
| (1) | Upon receiving an application for certification that any material or equipment is purchased for earning foreign currencies from a person who intends to purchase any material or equipment for earning foreign currencies in order to benefit from the application of zero-rate tax under Article 24 of the Value-Added Tax Act, the Minister of Trade, Industry and Resources may issue a document certifying the intended purpose of such purchase (hereinafter referred to as "purchase certificate"). <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 7, 2013; Oct. 1, 2025> |
| (2) | As regards the person to whom a purchase certificate is issued, the Minister of Trade, Industry and Resources shall perform follow-up management to trace whether the material or equipment has been purchased for the purpose of earning foreign currencies. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (3) | Necessary matters concerning the procedures for application and issuance of the purchase certificates under paragraphs (1) and (2), and the follow-up management thereof shall be prescribed by Presidential Decree. |
SECTION 3 Exportation or Importation of Strategic Items
| Article 19 (Strategic items) |
The Minister of Trade, Industry and Resources shall designate and publicly notify the goods, etc. (including technology determined by Presidential Decree; hereafter the same shall apply in this Section) on which restriction, such as export license, is required for maintaining international peace and security as well as national security, in consultation with the heads of relevant administrative agencies, in accordance with the principles of the international export control regimes prescribed by Presidential Decree or multilateral cooperation in export control equivalent thereto (hereinafter referred to as "international export control regimes, etc."). <Amended on Oct. 1, 2025>
[This Article Wholly Amended on Feb. 20, 2024]
| Article 19-2 (Export license) |
Any person who intends to export (including cases prescribed by Presidential Decree where the technology referred to in Article 19 falls under any of the following subparagraphs; hereafter the same shall apply in Article 19-3 through 19-7, Articles 20, 20-2, 21, 22, 22-2, 24, 25, 28, 30, and 47 through 49, and Article 53(1) and (2) 2, 3, 3-2, 4, 5, 5-2 through 5-5, 6, 7, 7-2 and subparagraph 1 of Article 53-2) any of the goods, etc. designated and publicly notified under Article 19 (hereinafter referred to as "strategic item") shall obtain license (hereinafter referred to as "export license") from the Minister of Trade, Industry and Energy or the head of the relevant administrative agency, as prescribed by Presidential Decree; provided, this shall not apply to cases where the defense materials and national defense science and technology for which license has been granted under Article 57(2) of the Defense Acquisition Program Act constitute strategic items: <Amended on Oct. 1, 2025> | 1. | Transfer from Korea to a foreign country; |
| 2. | Transfer from a national of the Republic of Korea (including a legal entity established pursuant to domestic laws) to a foreigner (including a legal entity established pursuant to foreign laws) in the Republic of Korea or a foreign country. |
[This Article Added on Feb. 20, 2024]
| Article 19-3 (Catch-all license) |
Any person who intends to export, or make an export declaration of, any goods, etc. that do not constitute strategic items but are highly likely to be used or diverted for manufacturing, developing, using, or storing weapons of mass destruction or missiles and conventional weapons as carriers of such weapons (hereinafter referred to as "weapons of mass destruction, etc.") shall obtain license (hereinafter referred to as "catch-all license") from the Minister of Trade, Industry and Resources or the head of the relevant administrative agency under conditions prescribed by Presidential Decree, if the person becomes aware that the importer or the end user thereof has intent to use or divert the goods, etc. for manufacturing, developing, using, or storing weapons of mass destruction, etc., or suspects that such intent exists on grounds that the case falls under any of the following subparagraphs: <Amended on Oct. 1, 2025>
| 1. | The importer evades furnishing necessary information concerning the end use of the goods, etc.; |
| 2. | The relevant goods, etc. are not used in the field of business of the end user; |
| 3. | There is a substantial disparity in technical level between the relevant goods, etc. and those of the importing country; |
| 4. | The end user has no career background of engaging in the field of business to which the goods, etc. are expected to be applied; |
| 5. | The end user has no expertise regarding the goods, etc., but insists on the exportation of the goods, etc.; |
| 6. | The end user declines any service for installing, maintaining, or training for the goods, etc.; |
| 7. | The final consignee of the relevant goods, etc. is a transporter; |
| 8. | The terms and conditions on pricing or payment for the goods, etc. deviate from ordinary practices; |
| 9. | The delivery term for the relevant goods, etc. is deviant from ordinary terms; |
| 10. | The transportation route for the goods, etc. deviates from ordinary routes; |
| 11. | It is not clear whether the goods, etc. will be used in the importing country or will be re-exported abroad; |
| 12. | A demand for keeping confidential the information about the goods, etc., the final destination, etc. exceeds ordinary standards; |
| 13. | Any other case determined and publicly notified by the Minister of Trade, Industry and Resources, upon consultation with the head of the relevant administrative agency, as requiring catch-all license due to any change in international situations, the occurrence of any event that causes harm to national security, etc. |
[This Article Added on Feb. 20, 2024]
| Article 19-4 (Transit or transshipment license) |
Any person who intends to transit strategic items or goods, etc. subject to catch-all license (hereinafter referred to as "strategic items, etc.") through a domestic harbor or airport or transship them in the Republic of Korea shall obtain license from the Minister of Trade, Industry and Resources or the head of the relevant administrative agency (hereinafter referred to as "transit or transshipment license"), as prescribed by Presidential Decree. <Amended on Oct. 1, 2025>
[This Article Added on Feb. 20, 2024]
| Article 19-5 (Brokerage license) |
Any person who intends to broker the exportation of strategic items, etc. from a third country to another country shall obtain license from the Minister of Trade, Industry and Resources or the head of the relevant administrative agency (hereinafter referred to as "brokerage license"), as prescribed by Presidential Decree; provided, this shall not apply to cases where the defense materials and national defense science and technology for which license has been granted under Article 57(2) of the Defense Acquisition Program Act constitute strategic items, etc. <Amended on Oct. 1, 2025> [This Article Added on Feb. 20, 2024]
| Article 19-6 (Examination of license) |
| (1) | Upon receipt of an application for export license, catch-all license, transit or transshipment license, or brokerage license, the Minister of Trade, Industry and Resources or the head of the relevant administrative agency may grant the relevant license in consideration of the following. In such cases, the relevant license may be granted with conditions attached, as prescribed by Presidential Decree: <Amended on Oct. 1, 2025> |
| 1. | The relevant strategic items, etc. shall be used for a peaceful purpose; |
| 2. | Trading of the relevant strategic items, etc. shall not affect international peace, safety maintenance, and national security; |
| 3. | The importer, end user, etc. of the relevant strategic items, etc. shall be qualified for the relevant transactions, and the intended use thereof shall be credible; |
| 4. | It shall meet other standards determined and publicly notified by the Minister of Trade, Industry and Resources in consultation with the head of the relevant administrative agency in accordance with the international export control regimes, etc. |
| (2) | The Minister of Trade, Industry and Resources or the head of the relevant administrative agency may request supplementation of documents on the end user and intended use, submission of evidence, etc., if deemed necessary to verify whether the standards under the subparagraphs of paragraph (1) are satisfied. <Amended on Oct. 1, 2025> |
| (3) | The Minister of Trade, Industry and Resources or the head of the relevant administrative agency may exempt export license, catch-all license, transit or transshipment license, and brokerage license in cases prescribed by Presidential Decree, such as exporting public goods to be used in a diplomatic mission abroad. In such cases, a person exempt from license may be required to submit documents determined and publicly notified by the Minister of Trade, Industry and Resources in order to confirm whether the relevant grounds for exemption from license are applicable. <Amended on Oct. 1, 2025> |
[This Article Added on Feb. 20, 2024]
| Article 19-7 (Revocation of license) |
| (1) | The Minister of Trade, Industry and Resources or the head of the relevant administrative agency may revoke the relevant license after granting export license, catch-all license, transit or transshipment license, or brokerage license, in any of the following cases: <Amended on Feb. 20, 2024; Oct. 1, 2025> |
| 1. | Where it is found that such license is obtained by fraud or improper means; |
| 2. | Where there are changes in international situations, including security-related incidents between countries, such as war and terrorism, and concerns on movement and proliferation of weapons of mass destruction. |
| (2) | Where license is revoked pursuant to paragraph (1), the Minister of Trade, Industry and Resources or the head of the relevant administrative agency shall immediately notify the Commissioner of the Korea Customs Service of such fact. <Added on Feb. 20, 2024; Oct. 1, 2025> |
[This Article Added on Jul. 30, 2013]
[Title Amended on Feb. 20, 2024]
[Moved from Article 24-3 <Feb. 20, 2024>]
| Article 20 (Specialized determination) |
| (1) | A person who intends to export, file an export declaration of, transit, transship, or broker goods, etc. (including a person who delegates all or part of the acts of technology transfer under Article 19-2 or a person who engages in the acts of technology transfer; hereafter in this Article and Articles 20-2, 22, 22-2, and 28, the same shall apply), or the head of an intelligence and investigative agency, etc. may file an application for determination with the Minister of Trade, Industry and Energy or the head of the relevant administrative agency (hereinafter referred to as "specialized determination"), as prescribed by Presidential Decree, to verify whether the relevant goods, etc. are strategic items or goods, etc. subject to catch-all license under subparagraph 13 of Article 19-3. In such cases, the Minister of Trade, Industry and Energy or the head of the relevant administrative agency may delegate or entrust determination to the President of the Korean Security Agency of Trade and industry under Article 25 or to a relevant specialized agency prescribed by Presidential Decree. <Amended on Oct. 1, 2025> |
| (2) | The Minister of Trade, Industry and Resources or the head of the relevant administrative agency may examine whether the information provided in relation to the performance, use, and technical characteristics of the goods, etc. is true when a person who intends to export, make an export declaration of, transit, transship, or broker goods, etc. applies for a specialized determination. <Amended on Oct. 1, 2025> |
[This Article Wholly Amended on Feb. 20, 2024]
| Article 20-2 (Self-determination) |
| (1) | Notwithstanding Article 20, a person intending to export, make an export declaration of, transit, transship, or broker goods, etc. who also has completed education publicly notified by the Minister of Trade, Industry and Resources may make a self-determination (hereinafter referred to as "self-determination") to verify whether the relevant goods, etc. are strategic items or goods, etc. subject to catch-all license under subparagraph 13 of Article 19-3. In such cases, a person who makes a self-determination shall have information publicly notified by the Minister of Trade, Industry and Resources, such as the performance, use, and technical characteristics of the goods, etc., registered on the information system for the management of exportation and importation of strategic items referred to in Article 24. <Amended on Oct. 1, 2025> |
| (2) | Notwithstanding paragraph (1), no self-determination shall be made in any of the following cases: <Amended on Oct. 1, 2025> |
| 1. | Technology (excluding where a trader publicly notified by the Minister of Trade, Industry and Resources, from among self-compliance traders under Article 22, exports technology); |
| 2. | Other goods, etc. publicly notified by the Minister of Trade, Industry and Resources as not subject to self-determination. |
| (3) | The Minister of Trade, Industry and Resources or the head of the relevant administrative agency may inspect the results of a self-determination made by a person who intends to export, make an export declaration of, transit, transship, or broker goods, etc. pursuant to paragraph (1). <Amended on Oct. 1, 2025> |
[This Article Added on Feb. 20, 2024]
| Article 21 (Order for suspension of movement) |
| (1) | Where the Minister of Trade, Industry and Resources or the head of the relevant administrative agency deems it necessary to prevent exportation, transit, or transshipment of strategic items, etc. without license, or with license obtained by fraud or other improper means (hereinafter referred to as "unlicensed exportation, etc."), he or she may issue an order to suspend movement until it is confirmed that the exportation, transit, or transshipment is legitimate. <Amended on Oct. 1, 2025> |
| (2) | Notwithstanding paragraph (1), where the Minister of Trade, Industry and Resources or the head of the relevant administrative agency deems it necessary to urgently restrict the movement to prevent unlicensed exportation, etc., the Minister of Trade, Industry and Resources or the head of the relevant administrative agency may take measures to directly suspend the movement until it is confirmed that the exportation, transit, or transshipment is legitimate. <Amended on Oct. 1, 2025> |
| (3) | Where it is inappropriate to take measures to suspend movement under paragraph (2), the Minister of Trade, Industry and Resources or the head of the relevant administrative agency may request other administrative agencies to provide cooperation. Upon receipt of such request, the administrative agencies shall cooperate to prevent unlicensed exportation, etc. between countries. <Amended on Oct. 1, 2025> |
| (4) | Any public official who takes measures to suspend movement under paragraph (2) shall present identification showing his or her authority to interested persons. |
| (5) | The period and method of issuing an order to suspend movement under paragraph (1) and those of taking measures to suspend movement under paragraph (2) shall be limited to the minimum extent necessary to prevent unlicensed exportation, etc. between countries. |
[This Article Added on Feb. 20, 2024]
| Article 22 (Self-compliance traders) |
| (1) | The Minister of Trade, Industry and Resources may designate traders who have abilities prescribed by Presidential Decree, including an ability to identify strategic items and to analyze importers and end users, as self-compliance traders, in order to improve the ability of enterprises or colleges and research institutes prescribed by Presidential Decree to autonomously manage the exportation and importation of strategic items. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013; Feb. 20, 2024; Oct. 1, 2025> |
| (2) | The Minister of Trade, Industry and Resources may allow traders designated as self-compliance traders pursuant to paragraph (1) (hereafter referred to as "self-compliance traders" in this Article) to autonomously manage part of the affairs pertaining to exportation and importation of strategic items, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 20, 2024; Oct. 1, 2025> |
| (3) | Self-compliance traders shall submit a report on the performance of exportation of strategic items, etc. under their self-controlling management pursuant to paragraph (2) to the Minister of Trade, Industry and Resources, under conditions prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (4) | Deleted. <Feb. 20, 2024> |
[Moved from Article 25; previous Article 22 moved to Article 27 <Feb. 20, 2024>]
| Article 22-2 (Adjustment of rating, and revocation of designation, of self-compliance traders) |
| (1) | Where the Minister of Trade, Industry and Resources designates traders as self-compliance traders under Article 22(1), he or she may grade them depending on how well they are equipped with the abilities prescribed by Presidential Decree under that paragraph. <Amended on Oct. 1, 2025> |
| (2) | In any of the following cases, the Minister of Trade, Industry and Resources may adjust the rating of a self-compliance trader; provided, the Minister of Trade, Industry and Resources may revoke the designation of a self-compliance trader where he or she falls far behind the abilities prescribed in paragraph (1) or where the trader falls under any of subparagraphs 2 through 4 by intent or gross negligence: <Amended on Oct. 1, 2025> |
| 1. | Failing to maintain the abilities prescribed by Presidential Decree pursuant to Article 22(1); |
| 2. | Exporting, or making an export declaration of, strategic items without export license; |
| 3. | Exporting, or making an export declaration of, goods, etc. subject to catch-all license without the catch-all license; |
| 4. | Transiting or transshipping strategic items, etc. without license therefor; |
| 5. | Brokering strategic items, etc. without license therefor; |
| 6. | Failing to perform his or her duty to report under Article 22(3); |
| 7. | Failing to perform his or her duty to keep documents under Article 28. |
[This Article Added on Feb. 20, 2024]
| Article 23 (Public notice of exportation and importation of strategic items) |
| (1) | The Minister of Trade, Industry and Resources shall publicly notify guidelines on Articles 19, 19-2 through 19-7, 20, 20-2, 21, 22, 22-2, 27, and 28, in consultation with the heads of relevant administrative agencies. <Amended on Oct. 1, 2025> |
| (2) | The Commissioner of the Korea Customs Service shall publicly notify matters concerning procedures for customs clearance for exportation and importation of strategic items, etc. |
[This Article Wholly Amended on Feb. 20, 2024]
| Article 24 (Information system for management of exportation and importation of strategic items) |
| (1) | The Minister of Trade, Industry and Resources may build up and operate an information system for management of exportation and importation of strategic items jointly with the heads of the relevant administrative agencies and the Korean Security Agency of Trade and Industry under Article 25 in order to perform the following affairs: <Amended on Feb. 29, 2008; Apr. 22, 2009; Mar. 23, 2013; Feb. 20, 2024; Oct. 1, 2025> |
| 1. | Affairs pertaining to export license, catch-all license, transit or transshipment license, brokerage license, specialized determination, self-determination, and issuance of import certificates under Article 27; |
| 2. | Affairs pertaining to collection, analysis, and management of information necessary for the management of exportation and importation of strategic items. |
| (2) | Necessary matters concerning the establishment and operation of the information system for management of exportation and importation of strategic items under paragraph (1) shall be prescribed by Presidential Decree. |
[Title Amended on Feb. 20, 2024]
[Moved from Article 28; previous Article 24 deleted <Feb. 20, 2024>]
| Article 24-2 Deleted. <Feb. 20, 2024> |
| Article 25 (Establishment of Korean Security Agency of Trade and Industry) |
| (1) | The Korean Security Agency of Trade and Industry shall be established to efficiently support the management of exportation and importation of strategic items. <Amended on Feb. 20, 2024> |
| (2) | The Korean Security Agency of Trade and Industry shall be a corporation. <Amended on Feb. 20, 2024> |
| (3) | The Korean Security Agency of Trade and Industry shall have executive officers and employees, as prescribed by its articles of incorporation. <Amended on Feb. 20, 2024> |
| (4) | The Korean Security Agency of Trade and Industry shall be established by registering its establishment at the location of its principal office. <Amended on Feb. 20, 2024> |
| (5) | The Korean Security Agency of Trade and Industry shall perform the following affairs in accordance with the Government's policy on the management of exportation and importation of strategic items: <Amended on Apr. 22, 2009; Jul. 30, 2013; Feb. 20, 2024> |
| 1. | Support for the establishment of trade security policies; |
| 2. | Support for trade security industry impact analysis and fact-finding surveys; |
| 3. | Support for international cooperation in trade security (excluding matters related to foreign affairs and national security); |
| 4. | Specialized determination under the latter part of Article 20(1); |
| 5. | Support for inspection of information on application for specialized determination and inspection of results of self-determination; |
| 6. | Operation of the information system for management of exportation and importation of strategic items under Article 24(1); |
| 7. | Support for restriction, etc. on exportation and importation of strategic goods, etc. under Article 30 and reporting, inspection, etc. under Article 48; |
| 8. | Education and training of exporters and importers of strategic items, etc.; |
| 9. | Other affairs prescribed by Presidential Decree. |
| (6) | The President of the Korean Security Agency of Trade and Industry may collect certain fees from its users in connection with the affairs listed in the subparagraphs of paragraph (5), subject to approval from the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 20, 2024; Oct. 1, 2025> |
| (7) | Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Korean Security Agency of Trade and Industry. <Amended on Feb. 20, 2024> |
| (8) | The Government may contribute or subsidize expenses incurred in the establishment and operation of the Korean Security Agency of Trade and Industry within its budget. <Amended on Feb. 20, 2024> |
[Title Amended on Feb. 20, 2024]
[Moved from Article 29; previous Article 25 moved to Article 22 <Feb. 20, 2024>]
| Article 26 (Council for Control of Exportation and Importation of Strategic Items) |
| (1) | The Minister of Trade, Industry and Resources and the heads of the relevant administrative agencies may jointly organize the Council for the Control of Exportation and Importation of Strategic Items (hereafter referred to as the "Council" in this Article) for consultations between ministries and agencies in relation to the control of exportation and importation of strategic items, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 27, 2016; Oct. 1, 2025> |
| (2) | Each meeting of the Council shall be presided by the head of the administrative agency accountable for each matter on the items of the agenda to be discussed. |
| (3) | The head of each administrative agency who is a member of the Council may request the head of an intelligence investigative agency specified by Presidential Decree or the Commissioner of the Korea Customs Service to conduct an investigation or render assistance, if necessary to control exportation and importation of strategic items, etc. <Amended on Jul. 30, 2013; Jan. 27, 2016> |
| (4) | Where the head of the intelligence investigative agency specified by Presidential Decree or the Commissioner of the Korea Customs Service referred to in paragraph (3) recognizes any unlicensed export, etc. of strategic items, etc., he or she may take necessary measures, such as notifying the head of each administrative agency of the Council of such fact. <Added on Jan. 27, 2016; Mar. 18, 2020> |
| (5) | Necessary matters concerning the organization and operation of the Council shall be prescribed by Presidential Decree. <Amended on Jan. 27, 2016> |
[Moved from Article 30; previous Article 26 deleted <Feb. 20, 2024>]
| Article 27 (Import certificate) |
Any person who desires to import a strategic item may file an application for issuance of a certificate verifying the purpose of importation, etc. with the Minister of Trade, Industry and Resources or the head of the relevant administrative agency, under conditions prescribed by Presidential Decree. In such cases, the Minister of Trade, Industry and Resources or the head of the relevant administrative agency may issue the certificate of purpose of importation after verifying whether the details of the application for certification are correct. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
[Title Amended on Feb. 20, 2024]
[Moved from Article 22; previous Article 27 moved to Article 29 <Feb. 20, 2024>]
| Article 28 (Keeping documents) |
Traders shall store the following documents for five years: <Amended on Oct. 1, 2025>
| 1. | In the case of a person who exports, makes an export declaration, transits, transships or brokers strategic goods, etc., documents pertaining to such export license, catch-all license, transit or transshipment license, and brokerage license; |
| 2. | Documents pertaining to specialized determination and self-determination; |
| 3. | Other documents determined and publicly notified by the Minister of Trade, Industry and Resources, upon consultation with the head of the relevant administrative agency. |
[This Article Added on Feb. 20, 2024]
[Previous Article 28 moved to Article 24 <Feb. 20, 2024>]
| Article 29 (Confidentiality) |
Public officials involved in the affairs pertaining to the management of exportation and importation of strategic items under this Act, executive officers and employees of the Korean Security Agency of Trade and Industry under Article 25, and persons involved in the affairs of determination under Article 25(5)4 shall not divulge trade secrets learned in the course of performing the affairs pertaining to the management of exportation and importation of strategic items without consent of the relevant trader. <Amended on Apr. 22, 2009; Feb. 20, 2024> [Title Amended on Feb. 20, 2024]
[Moved from Article 27; previous Article 29 to Article 25 <Feb. 20, 2024>]
| Article 30 (Restrictions on exportation and importation of strategic items) |
| (1) | The Minister of Trade, Industry and Resources or the head of the relevant administrative agency may place a restriction on exportation, importation, transit, transshipment, or brokerage of strategic items, etc., in part or in whole, against a person who falls under any of the following subparagraphs for a certain period of time, which shall not exceed three years: <Amended on Feb. 29, 2008; Apr. 22, 2009; Mar. 23, 2013; Jul. 30, 2013; Mar. 18, 2020; Feb. 20, 2024; Oct. 1, 2025> |
| 1. | A person exporting, or making an export declaration of, strategic items without export license; |
| 2. | A person exporting, or making an export declaration of, goods, etc. subject to catch-all license without the catch-all license; |
| 3. | A person transiting or transshipping strategic items, etc. without license therefor; |
| 4. | A person brokering strategic items, etc. without license therefor; |
| 5. | A person who has obtained export license, catch-all license, transit or transshipment license, and brokerage license by fraud or other improper means; |
| 6. | A person who fails to comply with the conditions determined by the Minister of Trade, Industry and Resources or the head of the relevant administrative agency pursuant to Article 19-6(1) although he or she has obtained export license, catch-all license, transit or transshipment license, or brokerage license; |
| 7. | A person who violates an order to suspend movement under Article 21(1) or obstructs measures to suspend movement under paragraph (2) of that Article. |
| (2) | The head of the relevant administrative agency shall, if he or she discovers a person who falls under any subparagraph of paragraph (1), notify the Minister of Trade, Industry and Resources of his or her discovery immediately. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (3) | The Minister of Trade, Industry and Resources or the head of the relevant administrative agency may publicly announce the list of people against whom a restriction of exportation and importation of strategic items, etc. has been placed pursuant to paragraph (1) and people against whom any foreign government has placed a restriction on exportation and importation of strategic items, etc. pursuant to its laws and regulations, and the details of such restriction. <Amended on Feb. 29, 2008; Apr. 22, 2009; Mar. 23, 2013; Jul. 30, 2013; Oct. 1, 2025> |
[Title Amended on Jul. 30, 2013]
[Moved from Article 31; previous Article 30 moved to Article 26 <Feb. 20, 2024>]
[Moved to Article 30 <Feb. 20, 2024>]
SECTION 4 Export of Plants
| Article 32 (Facilitation of exportation of plants) |
| (1) | Upon receiving an application for exportation of plants (hereinafter referred to as "exportation of plants"), the Minister of Trade, Industry and Resources may grant approval for exportation thereof, if the intended exportation falls under any of the following subparagraphs, as prescribed by Presidential Decree. The same shall also apply to any revision to such approval: <Amended on Feb. 29, 2008; Apr. 5, 2010; Mar. 23, 2013; Oct. 1, 2025> |
| 1. | Exportation of an industrial plant in a scale equivalent to or larger than the scale prescribed by the Minister of Trade, Industry and Resources among the machinery, equipment and devices to be installed for management of the business of agriculture, forestry, fishery, mining, manufacturing, electricity, gas, water supply, transportation, warehousing, broadcasting, and telecommunications service and the facilities prescribed by Presidential Decree; |
| 2. | Exportation of a comprehensive package of an industrial plant, technical services and construction works (hereinafter referred to as "exportation on a turnkey basis"). |
| (2) | The Minister of Trade, Industry and Resources shall consider the opinions of the heads of the relevant administrative agencies concerning the feasibility of the exportation of plants, if necessary for granting approval or revised approval pursuant to paragraph (1). In such cases, the heads of the relevant administrative agencies shall, upon receiving a request to present their opinions, present their opinions to the Minister of Trade, Industry and Resources without delay, without good cause. <Amended on Feb. 29, 2008; Apr. 5, 2010; Mar. 23, 2013; Oct. 1, 2025> |
| (3) | When the Minister of Trade, Industry and Resources intends to grant approval for exportation on a turn-key basis or approval for any alteration thereto, he or she shall first obtain the consent of the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Apr. 5, 2010; Mar. 23, 2013; Oct. 1, 2025> |
| (4) | With regard to exportation of the services of construction and installation on a turn-key basis, the Minister of Trade, Industry and Resources may grant approval or approval for any alteration only to overseas construction business operators under the Overseas Construction Promotion Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 27, 2016; Apr. 30, 2019; Oct. 1, 2025> |
| (5) | When the Minister of Trade, Industry and Resources grants approval for exportation of plants or approval for alteration thereto pursuant to paragraph (1), he or she shall without delay notify the heads of the relevant administrative agencies thereof. <Amended on Feb. 29, 2008; Apr. 5, 2010; Mar. 23, 2013; Oct. 1, 2025> |
| (6) | In order to facilitate the exportation of plants, the Minister of Trade, Industry and Resources may carry out improvement of related systems, market surveys, information exchange, contract support, maintenance of order in contracting, fostering of expert human resources, financial support, promotion of exemplary enterprises, and collaborative projects. In such cases, the Minister of Trade, Industry and Resources may designate an institution or organization related to the exportation of plants to carry out aforesaid projects. <Amended on Apr. 5, 2010; Mar. 23, 2013; Oct. 1, 2025> |
[Title Amended on Apr. 5, 2010]
SECTION 5 Export Contracts Between Governments
| Article 32-2 (Guarantees and principles of export contracts between governments) |
| (1) | The Government may require a guarantee and insurance institution prescribed by Presidential Decree to provide guarantee services for the implementation, etc. of export contracts between a domestic company and a foreign government, in order to facilitate export contracts between governments concluded by a domestic company. |
| (2) | The Government shall neither gain any profit nor bear economic responsibilities or losses including guaranty debt, with respect to export contracts between governments. |
[This Article Added on Jan. 21, 2014]
| Article 32-3 (Agency exclusively responsible for export contracts between governments) |
| (1) | "Agency exclusively responsible for export contracts between governments" in subparagraph 4 of Article 2 means the Korea Trade-Investment Promotion Agency established under the Korea Trade-Investment Promotion Agency Act (hereinafter referred to as "agency vested with exclusive responsibility"). |
| (2) | The agency vested with exclusive responsibility shall conduct the following affairs with respect to export contracts between governments: <Amended on Oct. 1, 2025> |
| 1. | Acting as a contracting party in an export contract between governments; |
| 2. | Recommendation of a domestic company to fulfill purchase requirements stated by a foreign government; |
| 3. | Other affairs deemed necessary by the Minister of Trade, Industry and Resources for conducting affairs regarding export contracts between governments. |
| (3) | The authority and responsibilities of the agency vested with exclusive responsibility shall be as follows: |
| 1. | Upon conclusion of an export contract between governments, the agency vested with exclusive responsibility shall require a domestic company to take measures to guarantee the implementation of a contract as prescribed by Presidential Decree, including the provision of guarantee and insurance; |
| 2. | If deemed necessary for checking how a domestic company implements a contract, the agency vested with exclusive responsibility may request a domestic company to submit relative materials; |
| 3. | Other authority and responsibilities of the agency vested with exclusive responsibility shall be prescribed by Presidential Decree. |
| (4) | If deemed necessary for performing affairs related to export contracts between governments, the head of the agency vested with exclusive responsibility may request the relevant administrative agencies or organizations to dispatch their public officials or executive officers and employees; provided, he or she shall, in advance, consult with the competent Minister, when requesting the dispatch of public officials. |
[This Article Added on Jan. 21, 2014]
| Article 32-4 (Deliberative Committee on export contracts between governments) |
| (1) | A deliberative committee on export contracts between governments (hereafter referred to as the "Committee" in this Section) shall be established under the agency vested with exclusive responsibility so as to deliberate and decide on matters prescribed by Presidential Decree, such as conclusion, modification, and termination of export contracts. |
| (2) | The Committee shall be comprised of not less than 7 members and not more than 15 members, including one Chairperson, and the President of the Korea Trade-Investment Promotion Agency shall serve as the Chairperson. |
| (3) | Necessary matters for the composition and operation of the Committee shall be prescribed by Presidential Decree. |
| (4) | If deemed necessary for deliberation under paragraph (1), the Committee may request any domestic companies, relevant institutions, etc. to submit materials, etc. |
| (5) | In the following cases, the Committee may choose not to make public relevant documents, such as minutes and contracts: |
| 1. | Matters, if made public, deemed likely to significantly hamper the conclusion, implementation, modification, termination, etc. of export contracts between governments or to gravely hurt the fair deliberation made by the Committee; |
| 2. | Other matters that are determined, by the Committee, to be inappropriate to be made public for reasons similar to those referred to in subparagraph 1. |
[This Article Added on Jan. 21, 2014]
| Article 32-5 (Responsibilities of domestic companies) |
| (1) | Upon conclusion of an export contract between governments, a domestic company shall implement the details of contract faithfully. |
| (2) | A domestic company shall take measures to guarantee the implementation of a contract, as prescribed by Presidential Decree, such as the provision of guarantee and insurance. |
| (3) | If requested to submit materials under Article 32-3(3)2 or Article 32-4(4), a domestic company shall comply with the request unless there exist extenuating circumstances. |
| (4) | Where a domestic company violates paragraph (2) or (3), the agency vested with the exclusive responsibility may notify a foreign government thereof, and the Committee may refuse to deliberate on an export contract between governments of the relevant company. |
[This Article Added on Jan. 21, 2014]
CHAPTER III-2 MARKING OF ORIGIN
| Article 33 (Marking of origin of exported or imported goods) |
| (1) | A person who intends to export or import any of the goods, etc. subject to marking of origin by public announcement of the Minister of Trade, Industry and Resources (hereinafter referred to as "goods subject to marking of origin") in order to establish a fair trade system and protect producers and consumers shall mark the origin of such goods, etc. <Amended on Feb. 29, 2008; Apr. 5, 2010; Mar. 23, 2013; Oct. 1, 2025> |
| (2) | A person who damages or modifies the marks of origin of imported goods subject to marking of origin by conducting simple processing prescribed by Presidential Decree (excluding cases where paragraph (4) is applied to a trader or distributer of goods, etc.) shall mark the initial origin on such goods, etc. produced after simple processing. In such cases, if other statutes or regulations provide for different standards from the aforesaid ones with respect to imported goods, etc. produced after simple processing, such standards shall govern. <Added on Apr. 5, 2010> |
| (3) | The methods of marking and verification of origin under paragraph (1) and the former part of paragraph (2), and other matters necessary for marking shall be prescribed by Presidential Decree. <Amended on Apr. 5, 2010> |
| (4) | No trader or distributor of goods, etc. shall commit any of the following acts with respect to exported or imported goods, etc. and domestically produced goods, etc. under Article 35; provided, the prohibited acts specified in subparagraphs 2 and 3 apply only to imported goods, etc: <Amended on Apr. 5, 2010; Jul. 30, 2013; Jun. 10, 2022> |
| 1. | Marking a false origin or labelling any misleading mark of origin; |
| 2. | Damaging or modifying a mark of origin; |
| 3. | Failing to indicate the origin of the goods subject to marking of origin; |
| 4. | Trading in the Republic of Korea the goods subject to marking of origin which fall under the violations referred to in subparagraphs 1 through 3. |
| (5) | The Minister of Trade, Industry and Resources or the Mayor/Do Governor may visit a person related to the imported goods, etc. (where applied mutatis mutandis in Article 35(3), it is construed as "domestically produced goods, etc.") and relevant materials prescribed by Presidential Decree or may conduct a written investigation of such person, where deemed necessary to ascertain whether any provisions of paragraphs (1) through (4) (including cases applied mutatis mutandis in Article 35(3)) are violated. <Amended on Feb. 29, 2008; Apr. 5, 2010; Mar. 23, 2013; Jul. 30, 2013; Jun. 10, 2022; Oct. 1, 2025> |
| (6) | Deleted. <Jul. 30, 2013> |
| (7) | Deleted. <Jul. 30, 2013> |
| (8) | Deleted. <Jul. 30, 2013> |
| Article 33-2 (Corrective orders for violations of obligation to mark origin) |
| (1) | The Minister of Trade, Industry and Resources or the Mayor/Do Governor may issue a corrective order, including suspension of sale, recovery to the original state, and marking of origin, to those who violate the provisions of paragraphs (2) through (4) of Article 33. <Amended on Oct. 1, 2025> |
| (2) | The Minister of Trade, Industry and Resources or the Mayor/Do Governor may impose a penalty surcharge not exceeding 300 million won on those who violate the provisions of paragraphs (2) through (4) of Article 33 (excluding Article 33(4)4). <Amended on Oct. 1, 2025> |
| (3) | The type of a violation for which a penalty surcharge is imposed under paragraph (2), the amount of a penalty surcharge representing the gravity of the violation, and other necessary matters shall be prescribed by Presidential Decree. |
| (4) | If any person who is liable for a penalty surcharge under paragraph (2) fails to make payment by the deadline, the Minister of Trade, Industry and Resources or the Mayor/Do Governor shall collect such penalty surcharge in the same manner as delinquent national taxes are collected or under the Act on the Collection of Local Administrative Penalty Charges. <Amended on Oct. 31, 2023; Oct. 1, 2025> |
| (5) | Concerning a person for whom the imposition of a penalty surcharge under paragraph (2) is determined final and conclusive, the Minister of Trade, Industry and Resources or the Mayor/Do Governor may make public matters with respect to the disposition, including the identification of the offender, his or her whereabout, names of the goods, etc., items, and details of the violation, as prescribed by Presidential Decree. <Amended on Oct. 1, 2025> |
[This Article Added on Jul. 30, 2013]
| Article 34 (Assessment of origin) |
| (1) | The Minister of Trade, Industry and Resources may assess the origin of exported or imported goods, etc., if considered necessary. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (2) | Standards for the assessment of origin shall be prescribed and publicly announced by the Minister of Trade, Industry and Resources, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (3) | Any trader, distributor of goods, etc., or any other related person may request the Minister of Trade, Industry and Resources to assess the origin of exported or imported goods, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (4) | The Minister of Trade, Industry and Resources shall, upon receiving a request under paragraph (3), assess the origin of the relevant goods, etc., and notify the requesting person of the results thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (5) | If a person who has received notification under paragraph (4) is dissatisfied with the assessment of origin, he or she may raise an objection against the Minister of Trade, Industry and Resources within 30 days after the date of notification. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (6) | The Minister of Trade, Industry and Resources shall, upon receiving an objection under paragraph (5), issue a notice of his or her ruling on the objection raised within 150 days after the objection is filed with him or her. <Amended on Feb. 29, 2008; Mar. 23, 201; Oct. 1, 20253> |
| (7) | Necessary matters concerning procedures for the assessment of origin, including the request for assessment of origin and the raising of an objection, shall be prescribed by Presidential Decree. |
| Article 35 (Criteria for assessment of origin of domestically produced goods using imported materials) |
| (1) | If it is deemed necessary to establish a fair trade system and protect producers and consumers, the Minister of Trade, Industry and Resources may establish criteria for the assessment of origin of goods, etc. produced in the Republic of Korea using imported materials and distributed and sold in the Republic of Korea (hereinafter referred to as "domestically produced goods, etc."), subject to prior consultation with the heads of the relevant central administrative agencies; provided, the same shall not apply where any other statutes or regulations provide different criteria for domestically produced goods, etc. <Amended on Feb. 29, 2008; Apr. 5, 2010; Mar. 23, 2013; Oct. 1, 2025> |
| (2) | The Minister of Trade, Industry and Resources shall publicly announce the criteria for the assessment of origin of domestically produced goods, etc. , once such criteria are established under paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (3) | Article 33(4) 1 and 4 shall apply mutatis mutandis to sellers of domestically produced goods, etc. In such cases, "subparagraphs 1 through 3" shall be construed as "subparagraph 1", and "goods subject to marking of origin" as "domestically produced goods, etc." <Added on Jun. 10, 2022> |
[Title Amended on Jun. 10, 2022]
| Article 36 (Submission of certificate of origin of imported goods) |
| (1) | The Minister of Trade, Industry and Resources may require any person who intends to import goods, etc. to submit a certificate of origin issued by the government of the country in which the goods, etc. originate or the country where the goods, etc. are shipped, if considered necessary for verifying their origin. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (2) | Matters concerning the submission and verification of certificates of origin under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 37 (Issuance of certificate of origin) |
| (1) | Any person who wishes to have a certificate of origin of exported goods or domestically produced goods, etc. shall file an application for issuance of the certificate of origin with the Minister of Trade, Industry and Resources. In such cases, the applicable fees shall be paid. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 10, 2022; Oct. 1, 2025> |
| (2) | The guidelines and procedures for the issuance of certificates of origin under paragraph (1), the term of validity, fees, and other necessary matters for the issuance shall be prescribed by Presidential Decree. |
[Title Amended on Jun. 10, 2022]
| Article 38 (Prohibition of misrepresenting foreign goods as domestic goods) |
No one shall misrepresent that the place of origin of certain goods, etc. is the Republic of Korea, if they are actually manufactured in a foreign country (including goods, etc. manufactured in a foreign country and then undergoing simple processing prescribed by Presidential Decree in Korea; hereafter the same shall also apply in subparagraph 4 of Article 53-2) to export or sell them in a foreign country by fabricating or altering a certificate of origin, having a certificate of origin issued with false details, or marking a false origin of goods, etc. <Amended on Apr. 5, 2010>
CHAPTER IV LIMITATIONS ON QUANTITY OF IMPORTS
| Article 39 (Limitations on quantity of imports) |
| (1) | When the Korea Trade Commission under Article 27 of the Act on the Investigation of Unfair International Trade Practices and Remedy Against Injury to Industry (hereinafter referred to as the "Korea Trade Commission") confirms as a result of its investigations that the domestic industry that produces a certain kind of goods or directly competing goods (hereafter referred to as "domestic industry" in this Article) suffers, or is likely to suffer, severe damage and losses (hereafter referred to as "severe damage and losses" in this Article) due to an increase in importation of specific goods of the same kind, and thus recommends to take remedial measures for such severe damage and losses, the Minister of Trade, Industry and Energy may take measures to impose limitations on the quantity of imports (hereinafter referred to as "limitations on the quantity of imports") to the extent necessary for preventing or curing such severe damage and losses inflicted on the domestic industry of such goods, etc. and facilitating coordination, if it is concluded as necessary for protecting domestic industry. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (2) | The Minister of Trade, Industry and Resources shall examine the recommendations of the Korea Trade Commission, the necessity of protecting the relevant domestic industry, the implications in international commerce, the level of compensation, the impact on the national economy, etc. following the implementation of the limitations on the quantity of imports, in determining whether to take such measures to impose limitations on the quantity of imports and further details. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (3) | The Government may negotiate with an interested country regarding adequate compensation for negative impacts on trade by the limitations on the quantity of imports before it implements the limitations on the quantity of imports. |
| (4) | Limitations on the quantity of imports shall apply only to the goods imported after the implementation of such limitations. |
| (5) | The time period for the application of the limitations on the quantity of imports shall not exceed four years. |
| (6) | The Minister of Trade, Industry and Resources shall issue a public announcement of the goods subject to the limitations on the quantity of imports, the quantity thereof, the time period for the application of the limitations, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (7) | The Minister of Trade, Industry and Resources may, if considered necessary for making a decision as to whether to take the measures to impose limitations on the quantity of imports, request the heads of the relevant administrative agencies, interested parties, etc. to furnish him or her with related data and render cooperation as required. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (8) | As regards the goods previously subject to limitations on the quantity of imports, or the goods subject to the emergency tariffs under Article 65 of the Customs Act (hereinafter referred to as "emergency tariff") or the provisional emergency tariffs under Article 66 of the same Act (hereinafter referred to as "provisional emergency tariff"), the Minister of Trade, Industry and Energy shall not enforce any further limitation on the quantity of imports before the expiration of the time period equivalent to the time period set for such previous limitations or such imposition of the emergency tariff or the provisional emergency tariff (or two years if the time period set for the application of such limitations or imposition is less than two years) beginning on the expiry date of the time period set for the application of such limitations or the imposition; provided, the limitations on the quantity of imports may be implemented for a time period not exceeding 180 days, only if all the requirements set forth in the following subparagraphs are satisfied: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| 1. | One year has passed since the limitations on the quantity of imports were implemented or the emergency tariff or provisional emergency tariff was first imposed on the specific goods; |
| 2. | Such limitations on the quantity of imports have been implemented twice or less or such emergency tariff has been imposed twice or less during the preceding five years, counting retroactively from the date when the intended limitations on the quantity of imports are about to be implemented again. |
| Article 40 (Extension of limitations on quantity of imports) |
| (1) | The Minister of Trade, Industry and Resources may, if there is a recommendation of the Korea Trade Commission and it is considered necessary, revise the terms and conditions of the limitations on the quantity of imports, or extend the time period for the application of the limitations. In such cases, the revision to terms and conditions of the limitations and the terms and conditions of the limitations revised during the extended time period shall be more alleviated than those of the initial limitations. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (2) | In extending the time period for the application of limitations on the quantity of imports pursuant to paragraph (1), the aggregate of the time period for the application of the limitations on the quantity of imports and the time period for the imposition of emergency tariffs or provisional emergency tariffs, and the extended time period thereof shall not exceed eight years. |
| Article 41 Deleted. <Jan. 27, 2016> |
CHAPTER V MAINTENANCE OF GOOD ORDER IN EXPORTATION AND IMPORTATION
| Article 42 Deleted. <Dec. 19, 2008> |
| Article 43 (Prohibition of manipulation in pricing exported or imported goods) |
No trader shall manipulate export or import price of goods, etc. with intent to illegally conceal foreign currencies.
| Article 44 (Expeditious settlement of trade disputes between traders) |
| (1) | No trader shall delay the settlement of a dispute without justifiable grounds, when a dispute arises between domestic traders or between a domestic trader and a trader in a trading partner country in connection with exportation or importation of goods, etc. |
| (2) | When a dispute set forth in paragraph (1) arises, the Minister of Trade, Industry and Resources may request traders to present their statements on the settlement of the dispute or submit documents pertaining to the dispute. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (3) | The Minister of Trade, Industry and Resources may, upon receiving documents or considering opinions pursuant to paragraph (2), investigate the facts relevant to the dispute, if considered necessary. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (4) | The Minister of Trade, Industry and Resources may initiate conciliation of a dispute or recommend the parties involved to make an arbitration agreement for the settlement of the dispute, under conditions prescribed by Presidential Decree, if considered necessary for settling the dispute under paragraph (1) in a prompt and fair manner or if the parties to the trade dispute apply therefor. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| Article 45 (Mediation of disputes arising from preshipment inspection) |
| (1) | An institution that carries out a preshipment inspection of goods, etc. to be exported by a company within the territory of the Republic of Korea under an agreement entered into with the government of an importing country or with an authority delegated by the government of an importing country (hereinafter referred to as "preshipment inspection institution") shall abide by the World Trade Organization’s Agreement on Preshipment Inspection. In such cases, no preshipment inspection institution shall carry out the preshipment inspection in a manner to place a trade barrier that impedes exportation by companies. |
| (2) | When a dispute arises between an exporter and a preshipment inspection institution in connection with preshipment inspections, the Minister of Trade, Industry and Resources may initiate mediation to settle such dispute. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (3) | An independent arbitrative institution may be established for arbitration as required for the settlement of disputes under paragraph (2) under conditions prescribed by Presidential Decree. |
| Article 46 (Order for adjustment) |
| (1) | The Minister of Trade, Industry and Resources may order traders to coordinate in adjusting the price, quantity, quality, and other terms and conditions or the business territory of exported goods, etc., if any of the following causes or events occurs: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| 1. | When it is necessary for fulfilling the obligations under treaties signed and promulgated pursuant to the Constitution of the Republic of Korea and generally accepted international laws and regulations; |
| 2. | When the transaction at issue violates any relevant statutes or regulations of the Republic of Korea or those of the trading partner country; |
| 3. | When it is otherwise likely to undermine fair competition in exportation of goods, etc., or when it is necessary for preventing an act of undermining the credibility in the international market, as set forth in any of the following items: |
| a. | When a trader excludes other traders unfairly in connection with exportation of goods, etc.; |
| b. | When a trader unfairly induces or coerces a trading partner of another trader to discontinue transactions with the other trader in connection with the exportation of goods, etc.; |
| c. | When a trader unfairly interferes with overseas business activities of another trader in connection with exportation of goods, etc. |
| (2) | The Minister of Trade, Industry and Resources shall consider the following matters in issuing an order of coordination pursuant to paragraph (1): <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| 1. | To contribute to the stabilization of the basis for exportation or the development of new products or new overseas markets; |
| 2. | To cause no infringement of or discrimination against other traders' rights and interests; |
| 3. | To ensure not to exceed the extent necessary for the purpose of maintaining good order in the exportation and importation of goods, etc. |
| (3) | Necessary matters concerning the procedures, etc. for issuing an order to make adjustments under paragraph (1) shall be prescribed by Presidential Decree. |
| (4) | The Minister of Trade, Industry and Resources may not grant approval under Article 11(2) or require the head of an agency concerned to cease the proceedings for approval, if considered necessary for issuing an order of coordination pursuant to paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
CHAPTER VI SUPPLEMENTARY PROVISIONS
The Minister of Trade, Industry and Resources or the heads of the relevant administrative agencies shall hold a hearing, whenever they intend to make a disposition set forth in any of the following subparagraphs: <Amended on Feb. 29, 2008; Apr. 22, 2009; Mar. 23, 2013; Jul. 30, 2013; Nov. 15, 2022; Feb. 20, 2024; Oct. 1, 2025>
| 1. | Revocation of designation of a specialized trading company under Article 8-2(3) |
| 2. | Revocation of export license, catch-all license, transit or transshipment license, or brokerage license under Article 19-7; |
| Article 48 (Reporting and inspection) |
| (1) | The Minister of Trade, Industry and Resources or the head of a relevant administrative agency may order a person who exports, imports, transit, transship or broker goods, etc. subject to restriction or prohibition pursuant to subparagraph 4 of Article 5 or who intends to do so, a person who exports or imports goods, etc. subject to restriction or prohibition pursuant to subparagraph 4-2 of that Article or who intends to do so, or a person who exports, makes an export declaration of, transits, transships or brokers such goods, etc. without export license, catch-all license, transit or transshipment license, or brokerage license, or who intends to do so, to submit a report or data on the following matters: <Amended on Feb. 29, 2008; Apr. 22, 2009; Mar. 23, 2013; Jul. 30, 2013; Feb. 20, 2024; Oct. 1, 2025> |
| 1. | The importing country; |
| 2. | The name, address, business area, main clients, and purpose of use of the importer, end user, or the person with authority delegated by the importer or end user; |
| 3. | Related data including tax payment certificates issued by authority of the importing country or publications for verifying the identity of the importer, end user, or the person with authority delegated by the importer or end user; |
| 4. | Other matters prescribed and publicly notified by the Minister of Trade, Industry and Resources, including the means of transportation, the country of transit, the country of transshipment, and payment methods. |
| (2) | The Minister of Trade, Industry and Resources or the head of the relevant administrative agency may order a person who has filed an application for specialized determination or a person who has made a self-determination to submit materials, such as a product guide, specifications, etc. indicating the performance, use, and technical characteristics of goods, etc. <Added on Feb. 20, 2024; Oct. 1, 2025> |
| (3) | The Minister of Trade, Industry and Resources or the heads of the relevant administrative agencies may assign public officials under their control to inspect accounting books, documents, or any other items at the office, place of business, factory, or warehouse of the person specified in paragraph (1). <Amended on Feb. 29, 2008; Apr. 22, 2009; Mar. 23, 2013; Feb. 20, 2024; Oct. 1, 2025> |
| (4) | Public officials who conduct inspections pursuant to paragraph (3) shall carry a certificate indicating their authority and present it to interested persons. <Amended on Feb. 20, 2024> |
| Article 49 (Order to take training courses) |
The Minister of Trade, Industry and Resources or the heads of the relevant administrative agencies may issue an order to take training courses to a person who falls under any of the following subparagraphs, as prescribed by Presidential Decree: <Amended on Mar. 23, 2013; Jul. 30, 2013; Mar. 18, 2020; Feb. 20, 2024; Oct. 1, 2025>
| 1. | A person who exports or makes an export declaration, without export license or catch-all license; |
| 2. | A person who has received export license or catch-all license by fraud or other improper means; |
| 3. | A person who conducts transit, transshipment or brokerage without license therefor; |
| 4. | A person who has obtained transit or transshipment license or brokerage license by fraud or other improper means; |
| 5. | A person who fails to comply with the conditions determined by the Minister of Trade, Industry and Resources or the head of the relevant administrative agency pursuant to Article 19-6(1) although he or she has obtained export license, catch-all license, transit or transshipment license, or brokerage license; |
| 6. | A person who fails to submit documents to prove the grounds for exemption from license under Article 19-6(3); |
| 7. | A person who violates an order to suspend movement under Article 21(1) or obstructs measures to suspend movement under paragraph (2) of that Article. |
[This Article Wholly Amended on Apr. 22, 2009]
| Article 50 (Relationship to the Monopoly Regulation and Fair Trade Act) |
| (1) | As to the execution of an order of coordination issued by the Minister of Trade, Industry and Resources pursuant to Article 46, the Monopoly Regulation and Fair Trade Act shall not apply. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (2) | The Minister of Trade, Industry and Resources shall consult with the Korea Fair Trade Commission in advance, if his or her order of coordination under Article 46 has the effect of restraining competition in the domestic market between business entities under subparagraph 1 of Article 2 of the Monopoly Regulation and Fair Trade Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| Article 51 (Relationship to the National Security Act) |
As to the exportation and importation of goods, etc. under this Act, the National Security Act shall not apply as long as such activities in the course of execution of business affairs are considered fair and just.
| Article 52 (Delegation and entrustment of authority) |
| (1) | The Minister of Trade, Industry and Resources may delegate part of his or her authority under this Act to the head of agencies under his or her control or the Mayors/Do Governors, under conditions prescribed by Presidential Decree, or entrust it to the heads of relevant administrative agencies, the heads of customs offices, the Governor of the Bank of Korea, President of the Export-Import Bank of Korea, the heads of foreign exchange banks, and legal entities and organizations specified by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (2) | The Minister of Trade, Industry and Resources shall direct or supervise those to whom his or her authority has been delegated or entrusted in relation to the business affairs delegated or entrusted pursuant to paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (3) | The Minister of Trade, Industry and Resources may request any person to whom his or her authority has been delegated or entrusted to furnish him or her with necessary data in relation to the business affairs delegated or entrusted pursuant to paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
CHAPTER VII PENALTY PROVISIONS
| Article 53 (Penalty provisions) |
| (1) | A person who falls under any of the following subparagraphs for the purpose of international diffusion of strategic items, etc. shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding five times the value of goods, etc. which are exported, transit, transshipped or brokered: <Amended on Jul. 30, 2013; Feb. 20, 2024> |
| 1. | A person who exports, or makes an export declaration of, strategic items without export license under Article 19-2; |
| 2. | A person who exports any goods, etc. subject to situational permission without the situational permission under Article 19(3); |
| 3. | A person who transits or transships strategic items, etc. without transit or transshipment license under Article 19-4; |
| 4. | A person who engages in brokering strategic items, etc. without brokerage license under Article 19-5. |
| (2) | A person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding three times the value of goods, etc. which are exported, imported, transit, transshipped, or brokered: <Amended on Jul. 30, 2013; Feb. 20, 2024; Oct. 1, 2025> |
| 1. | A person who violates a restriction or prohibition on exportation or importation under any subparagraph of subparagraphs 1 through 3, 4-2 or 5 of Article 5; |
| 1-2. | A person who violates any restriction or prohibition on exportation, importation, transit, transshipment, or brokerage under subparagraph 4 of Article 5; |
| 2. | A person who exports, or makes an export declaration of, strategic items without export license under Article 19-2; |
| 3. | A person who obtains export license under Article 19-2 by fraud or other improper means; |
| 3-2. | A person who fails to comply with the conditions determined by the Minister of Trade, Industry and Resources or the head of the relevant administrative agency pursuant to Article 19-6(1) although he or she has obtained export license under Article 19-2; |
| 4. | A person who exports any goods, etc. subject to situational permission without the situational permission under Article 19(3); |
| 5. | A person who obtains the catch-all license under Article 19-3 by fraud or other improper means; |
| 5-2. | A person who fails to comply with the conditions determined by the Minister of Trade, Industry and Resources or the head of the relevant administrative agency pursuant to Article 19-6(1) although he or she has obtained catch-all license under Article 19-3; |
| 5-3. | A person who transits or transships strategic items, etc. without transit or transshipment license under Article 19-4; |
| 5-4. | A person who has obtained transit or transshipment license under Article 19-4 by fraud or other improper means; |
| 5-5. | A person who fails to comply with the conditions determined by the Minister of Trade, Industry and Resources or the head of the relevant administrative agency pursuant to Article 19-6(1) although he or she has obtained transit or transshipment license under Article 19-4; |
| 6. | A person who engages in brokering strategic items, etc. without brokerage license under Article 19-5; |
| 7. | A person who obtains brokerage license under Article 19-5 by fraud or other improper means; |
| 7-2. | A person who fails to comply with the conditions determined by the Minister of Trade, Industry and Resources or the head of the relevant administrative agency pursuant to Article 19-6(1) although he or she has obtained brokerage license under Article 19-5; |
| 8. | Deleted; <Apr. 5, 2010> |
| 9. | A person who manipulates the export or import price of any goods, etc. in violation of Article 43; |
| 10. | A person who violates an order for adjustment under Article 46(1). |
| Article 53-2 (Penalty provisions) |
A person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 100 million won. In such cases, the imprisonment with labor and fine can be concurrently imposed: <Amended on Jul. 30, 2013; Jun. 10, 2022; Feb. 20, 2024>
| 1. | A person who violates an order to suspend movement under Article 21(1) or obstructs measures to suspend movement under paragraph (2) of that Article; |
| 1-2. | Deleted; <Jun. 10, 2022> |
| 2. | A trader or seller of goods, etc. who violates any of the subparagraphs of Article 33(4) (including cases applied mutatis mutandis in Article 35(3)); |
| 3. | A person who violates an order to take corrective measures under Article 33-2(1); |
| 4. | A person who violates a duty of prohibiting the misrepresentation of foreign goods, etc. as Korean goods, etc. under Article 38. |
[This Article Added on Apr. 5, 2010]
| Article 54 (Penalty provisions) |
A person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Apr. 22, 2009; Jul. 30, 2013; Feb. 20, 2024>
| 1. | A person who provides or divulges the corporate information which he or she has acquired in performing his or her duty, to other persons, or uses such information for any other purpose in violation of Article 9(2); |
| 2. | A person who exports or imports goods, etc. subject to approval for exportation or importation, without approval or revised approval under Article 11(2) or (5); |
| 3. | A person who exports or imports any goods, etc. by obtaining approval or revised approval under Article 11(2) or (5) or being exempted from such approval or revised approval by fraud or other improper means; |
| 4. | A person who fails to fulfill his or her duty to earn the foreign currencies equivalent to the value of his or her imports as provided for in the main clause of Article 16(3) (including cases applied mutatis mutandis in Article 17(3)); |
| 5. | A person who uses any material or equipment, or any goods, etc. manufactured with such material or equipment for any purpose, other than its originally intended purpose, without approval under the main clause of Article 17(1); |
| 6. | A person who transfers any material or equipment, or any goods, etc. manufactured with such material or equipment to another person without approval under Article 17(2); |
| 7. | A person who breaches his or her duty to maintain confidentiality under Article 29; |
| 8. | A person who obtains approval or revised approval under Article 32 by fraud or other improper means; |
| 9. | Deleted; <Apr. 5, 2010> |
| 10. | Deleted; <Apr. 5, 2010> |
| 11. | Deleted. <Apr. 5, 2010> |
Any attempted crime under Article 53(1) or (2)2, 4, 5-3 or 6 or subparagraph 2 or 4 of Article 53-2 shall be punished. <Amended on Dec. 19, 2008; Apr. 5, 2010; Jul. 30, 2013; Jun. 10, 2022; Feb. 20, 2024>
| Article 56 (Criminal negligence) |
A person who commits any offence referred to in subparagraph 2 of Article 53-2 by gross negligence shall be punished by a fine not exceeding 20 million won. <Amended on Dec. 19, 2008; Apr. 22, 2009; Apr. 5, 2010; Jul. 30, 2013; Jun. 10, 2022>
| Article 57 (Joint penalty provisions) |
If a representative of a corporation, or an agent, employee, or any other servant of a corporation or individual commits an offence under Article 53, 53-2, or 54 through 56 in connection with the business of the corporation or individual, in addition to the punishment of such offender, the corporation or individual shall be punished by a fine under each relevant Article; provided, where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence, this shall not apply. <Amended on Apr. 5, 2010> [This Article Wholly Amended on Dec. 26, 2008]
| Article 58 (Legal fiction as public officials in application of penalty provisions) |
For the purposes of the penalty provisions of Articles 129 through 132 of the Criminal Act, the executive officers and employees of the Korean Security Agency of Trade and Industry conducting any of the business affairs set forth in Article 25(5), the executive officers and employees of the Bank of Korea, the Export-Import Bank of Korea, foreign exchange banks who engage in any of the business affairs entrusted by the Minister of Trade, Industry and Resources pursuant to Article 52, and the executive officers and employees of other legal entities and organizations specified by Presidential Decree shall be treated as public officials. <Amended on Feb. 29, 2008; Apr. 22, 2009; Mar. 23, 2013; Feb. 20, 2024; Oct. 1, 2025>
| Article 59 (Administrative fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 20 million won: <Amended on Feb. 20, 2024> |
| 1. | A person who fails to submit any relevant document, in violation of Article 44(2); |
| 2. | A person who refuses, interferes with, or evades an investigation into facts under Article 44(3); |
| 3. | A person who fails to submit a report or data under Article 48(1), or submits a false report or data; |
| 3-2. | A person who fails to submit relevant data or submits false data, in violation of Article 48(2); |
| 4. | A person who refuses, interferes with or evades an inspection conducted by each Tribunal under Article 48(3). |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding 10 million won: <Amended on Apr. 22, 2009; Apr. 5, 2010; Jul. 30, 2013; Feb. 20, 2024> |
| 1. | A person who fails to submit documents to prove the grounds for exemption from license under Article 19-6(3); |
| 1-2. | A person who makes a self-determination without completing education, in violation of the former part of Article 20-2(1), or a person who fails to register information, such as the performance, use, and technical characteristics of goods, etc., in the information system for the management of exportation and importation of strategic items after making a self-determination, in violation of the latter part of that paragraph; |
| 1-3. | A person who breaches his or her duty to keep documents in accordance with Article 28; |
| 2. | Deleted; <Jul. 30, 2013> |
| 3. | A person who refuses, obstructs, or evaded an inspection under Article 33(5); |
| 4. | A person who fails to carry out an order to take a training course under Article 49. |
| (3) | Deleted. <Feb. 20, 2024> |
| (4) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Trade, Industry and Resources, the Mayor/Do Governor, or the head of the relevant administrative agency, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Apr. 22, 2009; Mar. 23, 2013; Jul. 30, 2013; Mar. 18, 2020; Feb. 20, 2024; Oct. 1, 2025> |
| (5) | Deleted. <Apr. 22, 2009> |
| (6) | Deleted. <Apr. 22, 2009> |
ADDENDA <Act No. 8356, Apr. 11, 2007>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Preparation for establishment of Korea Strategic Trade Institute)
| (1) | The Minister of Commerce, Industry and Energy shall establish the Committee for the Establishment of the Korea Strategic Trade Institute (hereafter referred to as the "Organizational Committee" in this Article), which shall be responsible for carrying out the affairs pertaining to the establishment of the Korea Strategic Trade Institute pursuant to the amended provisions of Article 29. |
| (2) | The Organizational Committee shall be comprised of five or less organizational members, including one chairperson, and the chairperson and members of the Organizational Committee shall be commissioned by the Minister of Commerce, Industry and Energy. |
| (3) | The Organizational Committee shall prepare the articles of incorporation of the Korea Strategic Trade Institute for authorization of the Minister of Commerce, Industry and Energy. |
| (4) | The Organizational Committee shall, upon receiving the authorization under paragraph (3), complete registration of its establishment without delay. |
| (5) | The Organizational Committee shall transfer the business affairs to the President of the Korea Strategic Trade Institute without delay upon the appointment of the president, and it shall be deemed that the organizational members are discharged from office upon the completion of such transfer of the business affairs. |
Article 3 (Applicability to Preservation of Documents, Report, Notice, and Brokerage License)
| (1) | The amended provisions of Article 20(3) shall apply to documents for the goods delivered or for which the export or import declaration is accepted pursuant to Article 248(1) of the Customs Act on or after April 4, 2007, which corresponds to the date the partial amendment to the Foreign Trade Act (Act No. 8185) enters into force. |
| (2) | The amended provisions of the main clause of Article 21(1) shall apply to the report on the goods delivered or for which the export or import declaration is accepted pursuant to Article 248(1) of the Customs Act on or after April 4, 2007, which corresponds to the date the partial amendment to the Foreign Trade Act (Act No. 8185) enters into force. |
| (3) | The amended provisions of Article 21(2) shall apply to the delivery contract concluded on or after April 4, 2007, which corresponds to the date the partial amendment to the Foreign Trade Act (Act No. 8185) enters into force. |
| (4) | The amended provisions of the main clause of Article 24(1) shall apply to brokerages conducted on or after April 4, 2007, which corresponds to the date the partial amendment to the Foreign Trade Act (Act No. 8185) enters into force. |
Article 4 (General transitional measures concerning dispositions)
Any action taken by or against an administrative agency pursuant to the previous provisions before this Act enters into force shall be deemed to be an action taken by or against the administrative agency pursuant to this Act.
Article 5 (Transitional measures concerning penalty provisions and administrative fines)
The acts committed before this Act enters into force shall be governed by the previous provisions in applying penalty provisions or the provisions pertaining to administrative fines.
Article 7 (Relationship to Other Statutes or Regulations)
A citation of the previous Foreign Trade Act or any provisions thereof by any other statutes or regulations enforceable at the time this Act enters into force, if any, shall be deemed to be a citation of this Act or any corresponding provisions hereof in lieu of the previous provisions, if such corresponding provisions exist herein.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 9154, Dec. 19, 2008>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Corrective Measures, Penalty Surcharges and Penalty Provisions) The application of corrective measures, penalty surcharges and penalty provisions to any violation of the previous provisions of Article 42(1)2 before this Act enters into force shall be governed by the previous provisions. |
ADDENDUM <Act No. 9221, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9630, Apr. 22, 2009>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Penalty Surcharges, Penalty Provisions and Administrative Fines) The application of penalty surcharges, penalty provisions and administrative fines to any acts committed before this Act enters into force shall be governed by the previous provisions. |
ADDENDA <Act No. 10231, Apr. 5, 2010>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures) The application of penalty provisions to any conduct performed before this Act enters into force shall be governed by the previous provisions. |
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement date)
| (1) | This Act shall enter into force on the date of its promulgation. |
ADDENDA <Act No. 11873, Jun. 7, 2013>
Article 1 (Enforcement date)
This Act shall enter into force on July 1, 2013.
ADDENDA <Act No. 11958, Jul. 30, 2013>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Export License for Strategic Items)
The amended provisions of Article 19(2) shall apply beginning with the exportation or transfer of strategic items after this Act enters into force. Article 3 (Applicability to obligation to store documents)
The obligation to store documents regarding transit or transshipment license under the amended provisions of Article 24-2 shall apply beginning with cases in which transit or transshipment license has been granted after this Act enters into force. Article 4 (Applicability to corrective order regarding violations of obligation to indicate origin)
The amended provisions of Article 33-2(1) shall apply beginning with the trade of the goods which shall bear an indication of origin but violates the obligation to indicate origin under the amended provisions of Article 33(4)4 after this Act enters into force. Article 5 (Applicability to publication of details of violation)
The amended provisions of Article 33-2(5) shall apply beginning with an offender who violates the obligation to indicate origin under Article 33(2) through (4) after this Act enters into force. Article 6 (Applicability to order to take training course)
The amended provisions of Article 49 shall apply beginning with a person falling under subparagraph 3 or 4 of the said Article after this Act enters into force. Article 7 (Transitional measures concerning administrative fines)
Application of administrative fines imposed on violations committed before this Act enters into force shall be governed by the previous provisions.
ADDENDUM <Act No. 12285, Jan. 21, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13838, Jan. 27, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16422, Apr. 30, 2019>
Article 1 (Enforcement date)
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 16929, Feb. 4, 2020>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 17072, Mar. 18, 2020>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 18885, Jun. 10, 2022>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 19035, Nov. 15, 2022>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 19808, Oct. 31, 2023>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Penalty Surcharges)
Notwithstanding the amended provisions of Article 33-2(4), the previous provisions shall apply to the collection of penalty surcharges imposed before this Act enters into force.
ADDENDA <Act No. 20319, Feb. 20, 2024>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Establishment of Korean Security Agency of Trade and Industry)
| (1) | The Korea Strategic Trade Institute established under the previous provisions as at the time this Act enters into force shall be deemed the Korean Security Agency of Trade and Industry established under the amended provisions of this Act. |
| (2) | Any action taken by, or against, the Korea Strategic Trade Institute pursuant to the previous provisions before this Act enters into force shall be deemed to be an action taken by, or against, the Korean Security Agency of Trade and Industry pursuant to this Act. |
ADDENDA <Act No. 21065, Oct. 1, 2025>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, the amendments to the statutes to be amended pursuant to Article 7 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant statute and the following amendments shall enter into force on the date specified in the respective subparagraph: | 1. | The following amendments shall enter into force on January 2, 2026; provided, the amended provisions of the statutes to be amended under Article 7 of the Addenda (limited to the parts pertaining to the amended provisions of items a and b), which were promulgated before the enforcement date specified in the main clause but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the respective statute: |
| b. | The amended provisions of Articles 12(2), 19(3), 22 and the proviso of Article 29(2) (limited to the part concerning the Minister of Economy and Finance and the Ministry of Economy and Finance); |
| c. | The statutes to be amended under Article 7 of the Addenda (limited to parts pertaining to the amended provisions of items a and b); |