CONTENTS
- 1. Definition of National Advanced Strategic Technology
- - The National Advanced Strategic Industries Act and Its Policy Background
- 2. National Advanced Strategic Technology | Applicable Regulations
- - Technology Protection Measures
- - Administrative Oversight and Administrative Fines
- - Leaks of Strategic Technology and Penalties for Violations
- 3. National Advanced Strategic Technology | Corporate Response Guide
- - Technology Classification Determination
- - Preparing for Regulatory Compliance
- - Complying with Protective Measures
- - Making Use of Support Programs
- - Monitoring Statutes and Public Notices
- 4. National Advanced Strategic Technology | Daeryun's Support System
1. Definition of National Advanced Strategic Technology
National advanced strategic technology refers to technology that has a material effect on national and economic security and is central to securing supply chain stability and industrial competitiveness.
It covers not only strategic industries such as semiconductors, displays, secondary batteries, and bio, but also future-industry fields such as artificial intelligence, future mobility, next-generation communications, and quantum technology, and separate regulations may apply to the research and development, transfer, investment, and overseas collaboration associated with these technologies.
On June 2, 2023, the Ministry of Trade, Industry and Energy designated a total of 17 technologies as national advanced strategic technologies through its Notice on the Designation of National Advanced Strategic Technologies.
Field | Technology |
Semiconductors (8) | ㅇ Design, process, and device technology for DRAM of 16 nm or below, and 3D stacking and formation technology |
ㅇ Stacking and assembly technology and inspection technology for DRAM of 16 nm or below | |
ㅇ Design, process, and device technology for 3D NAND flash stacked 128 layers or higher | |
ㅇ Stacking and assembly technology and inspection technology for 3D NAND flash stacked 128 layers or higher | |
ㅇ Design, process, and device technology for image sensors with a pixel size of 0.8㎛ or below | |
ㅇ Design technology for OLED DDI (Display Driver IC) used to drive display panels | |
ㅇ Process and device technology for foundry of 14 nm or below, and 3D stacking and formation technology | |
ㅇ Process, assembly, and inspection technology such as FO-WLP, FO-PLP, FO-PoP, and SiP for advanced packaging of system semiconductors | |
Dis- plays (4) | ㅇ AMOLED panel design, manufacturing, process, and driving technology (ultra-small displays of 3,000 ppi or higher, small to mid-size displays of 500 ppi or higher, mid to large displays of FHD or higher, and large displays of 4K or higher) (excluding module process technology) |
ㅇ Design, manufacturing, process, and driving technology for display panels using eco-friendly QD materials with a full width at half maximum of 40 nm or below (color gamut of 90% or higher under REC2020; excluding LCD and module technology) | |
ㅇ Design, manufacturing, process, and driving technology for display panels using micro LEDs of 30㎛ or below in size (ultra-large chip size of 30㎛ or below, mobile chip size of 20㎛ or below, ultra-small chip size of 5㎛ or below) | |
ㅇ Design, manufacturing, process, and driving technology for display panels using nano LEDs of 1㎛ or below in size (excluding module technology) | |
Secondary batteries (3) | ㅇ Design, process, manufacturing, and evaluation technology for high-energy-density lithium secondary batteries (pouch-type batteries with an energy density of 280Wh/kg or higher, prismatic batteries of 252Wh/kg or higher, cylindrical batteries with a diameter of 21 mm or less at 280Wh/kg or higher, and cylindrical batteries with a diameter exceeding 21 mm at 260Wh/kg or higher) |
ㅇ Design, manufacturing, and process technology for high-capacity cathode materials for lithium secondary batteries (nickel content exceeding 80%) | |
ㅇ Design, process, manufacturing, and evaluation technology for ultra-high-performance electrodes of 600mAh/g or higher (silicon-graphite composite anodes, sulfur cathodes, lithium metal anodes) or for next-generation lithium secondary batteries (all-solid-state batteries, lithium-sulfur batteries, lithium metal batteries) | |
Bio (2) | ㅇ Animal cell culture and purification technology applied to the development and manufacturing of biopharmaceuticals |
ㅇ Organoid differentiation and culture technology applied to the development and manufacturing of high-quality organoid regenerative therapeutics (autologous and allogeneic organoid regenerative therapeutic culture scale: 100 dose/lot or more, target cell composition rate of organoids by organ: 80% or higher, survival rate of organoids by organ: 80% or higher) | |
Robotics (1) | ㅇ Design, manufacturing, and process technology for the actuators and frame of a humanoid robot capable of moving at 3.3m/s or faster and carrying loads of 20 kg or more through whole-body manipulation |
Defense (1) | ㅇ Core materials and component technology for advanced aircraft engines of the 15,000 lbf class or higher for manned and unmanned aircraft |
[Source: Ministry of Trade, Industry and Energy Notice No. 2025-071]
The National Advanced Strategic Industries Act and Its Policy Background
In 2022, the government enacted the Special Act on Strengthening and Protecting the Competitiveness of National Advanced Strategic Industries, and on that basis it is implementing policies to protect national advanced strategic technologies and strengthen industrial competitiveness.
Before this Notice, only the scope of technologies in certain industries (semiconductors, displays, and secondary batteries) had been designated, and the specific technical levels had not been spelled out, but this Notice clearly defines 17 technology fields and their scope of application.
For companies, national advanced strategic technology bears directly on protecting industrial technology, preventing technology leaks, and setting strategy for new-industry development, and it is advisable to design a technology-management framework grounded in the relevant statutes and notices.
2. National Advanced Strategic Technology | Applicable Regulations
An institution that holds national advanced strategic technology must obtain approval from, or file a report with, the Minister of Trade, Industry and Energy in the following cases.
· Exporting the technology, for example by granting a technology license
· Carrying out an overseas acquisition, merger, or joint venture
Review and approval by the relevant committee may be required, in particular, where a technology transaction with a foreign company takes place or where a foreign investor acquires a stake that creates an investment structure capable of influencing management.
That said, ordinary exports of the materials, parts, or equipment themselves, which do not include the specific technical information of a national advanced strategic technology, may fall outside the scope of approval.
Technology Protection Measures
To prevent technology leaks, the National Advanced Strategic Industries Act requires holding institutions to take the following measures.
· Managing the departure of personnel who handle the technology and entering into confidentiality agreements
Protection measures and personnel management at a level beyond those for national core technology under the existing Industrial Technology Protection Act may be required.
A company should design an internal management framework that prevents both technology and personnel from leaving the country.
Administrative Oversight and Administrative Fines
For oversight purposes, the Minister of Trade, Industry and Energy or the head of a relevant administrative agency may require specialized-complex management agencies and the institutions, corporations, and organizations connected with strategic industries to submit work-related materials, or may carry out site entry and inspection.
An administrative fine of up to 10 million won may be imposed where, in the course of such oversight, a party fails to submit materials without justifiable grounds, submits false materials, or refuses, obstructs, or evades the site entry and inspection.
Leaks of Strategic Technology and Penalties for Violations
Leaking or infringing national advanced strategic technology is prohibited, and a violation is punishable by imprisonment for a definite term of five years or more, together with a fine of up to 2 billion won.
The level of punishment can vary depending on the purpose and type of the conduct, and a leak carried out on the premise of use abroad may draw a higher level of criminal punishment.
3. National Advanced Strategic Technology | Corporate Response Guide
Companies that hold national advanced strategic technology should confirm in advance how their technology is classified and which regulations apply, then align their response with broader corporate strategy across exports, cross-border mergers and acquisitions, and research and development.
Technology Classification Determination
A company should first identify clearly whether its technology falls within the category of national advanced strategic technology, national core technology, or general advanced technology.
Where the classification is unclear, the company should file a determination request with the competent authority to confirm in advance how the technology is defined and whether regulation applies.
Documenting the technical scope, stage of implementation, and applicable industries in detail allows a company to review the regulatory risks that may arise in exports, cross-border mergers and acquisitions, and investment agreements before they occur.
The determination also serves as an important basis for establishing internal policies and a compliance system.
Preparing for Regulatory Compliance
Where a company's technology is confirmed as national advanced strategic technology, or is likely to be designated as such, the company should prepare in advance for the approval and reporting procedures required from the Minister of Trade, Industry and Energy when exporting or carrying out a cross-border merger or acquisition.
Approval is required not only for transactions with foreign companies, such as technology transfers, sales, and licensing, but also where a foreign party holds shares or equity above a certain threshold in a way that influences management, or where a joint venture is undertaken.
Some disclosures that do not include detailed technical content, such as the export of certain products, may fall outside the scope of approval, but most transactions must go through committee review and approval, so companies should build this into their transaction schedules.
Complying with Protective Measures
To prevent technology leaks, a company must put protective measures in place, including designating protected zones, controlling access permissions, managing the departure of personnel who handle the technology, and entering into confidentiality agreements.
This also covers the management of materials and data generated during research and development.
Where a company's technology qualifies as both a national core technology and a strategic technology, completing the approval procedure under the National Advanced Strategic Industry Act is also deemed to satisfy the approval and reporting requirements under the Industrial Technology Protection Act, which removes unnecessary duplicate procedures.
Making Use of Support Programs
A company that holds national advanced strategic technology can review and make use of government policy support programs, including research and development support, technology commercialization support, and tax benefits.
Preparing the designation status of the technology and its regulatory compliance record as supporting documentation when applying for support can provide useful reference during the review, and the results can inform the company's research and development plans and its strategy for pursuing new business.
Monitoring Statutes and Public Notices
The government revises its lists of public notices and the substance of its regulations from time to time to reflect industry trends and technological developments.
Through their internal management systems, companies should regularly monitor amendments to statutes and public notices and any tightening of regulations on exports and M&A, and should maintain staff training and recordkeeping systems so that they can respond to the latest regulations in a timely manner.
4. National Advanced Strategic Technology | Daeryun's Support System
National advanced strategic technology is core technology tied directly to supply chain stability and to national and economic security, and the relevant statutes require companies to carry out advance review and to build a response system.
The intellectual property attorneys at Daeryun Law Firm 🔗Intellectual Property Attorneys review whether a company's technology qualifies as strategic technology and support the full range of advance determination requests, approvals, and reporting procedures before the Ministry of Trade, Industry and Energy.
They also prepare the materials needed for review in exports, cross-border mergers and acquisitions, and joint ventures, and assess the regulatory risks that arise under different transaction structures in advance.
Working alongside specialists in particular fields, including patent attorneys, they carry out technical analysis of the scope of the technology and the potential for infringement, and offer practical, hands-on measures such as building internal security systems and refining personnel management standards.
If you need legal advice, you are welcome to submit a 🔗Intellectual Property Attorney Consultation Request at any time.
