業務分野

Assistance with NCT/NAST Determination Procedures
As the scope of technologies designated as NCTs under the Industrial Technology Protection Act or NASTs under the NAST Act continues to expand, an increasing number of domestic companies are becoming subject to these regulations. Under the NAST Act, MOTIE may recommend that holders of relevant technologies apply for a determination as to whether their technology qualifies as NASTs, if deemed necessary for the protection and management of such technologies. Furthermore, as amended on January 21, 2025, the Industrial Technology Protection Act now provides that MOTIE may notify companies, research institutes, specialized institutions, universities, and other entities deemed to possess NCTs to apply for a determination as to whether their technologies constitute NCTs. Upon receiving such notification, the recipient must initiate the application process for the determination within 30 days, making prompt and accurate response critically important. The Industrial Technology Team provides comprehensive support throughout the entire process, from the preparation stage to the application for NCT/NAST determination, to ensure a swift response to the updated regulations.

Assistance with Approval and Advance Reporting Procedures for Exports and Cross-Border M&As Involving NCTs and NASTs
When a company holding NCT under the Industrial Technology Protection Act and/or NAST under the NAST Act seeks to export such technology overseas or pursue a cross-border M&A, it is required to obtain approval from, or make advance reporting to, MOTIE. The government reviews applications for technology export or cross-border M&A by comprehensively considering factors such as the relevant technology sector, destination country, intended use, risk of technology divulgence, and the potential impact on national security and the national economy.

Depending on the specifics of each case, these procedures may take as little as three to four months or, in some cases, nearly a year for completion. Such unpredictability regarding the timing and outcome of approval renders it difficult for companies to proceed with cross-border technology transfers or transactions in a timely manner. Therefore, companies preparing for technology export or cross-border M&A should seek the assistance of experienced professionals to ensure thorough preparation well before submitting an application and should actively engage with MOTIE and other relevant authorities throughout the approval process by providing detailed explanations or submitting additional materials as needed.

The Industrial Technology Team leverages its in-depth understanding of relevant laws—gained through substantive advising on legislative amendments for regulatory authorities—and its extensive practical experience in handling numerous approval and advance reporting cases. Lee & Ko has successfully represented a wide range of domestic and international clients in complex and specialized exports and cross-border M&As involving NCTs and NASTs. In particular, the Industrial Technology Team closely monitors the latest regulatory and procedural developments to provide one-stop, end-to-end support, from developing tailored strategies for each client to handling the actual advance reporting and approval procedures.

Protection of Industrial Technology and Trade Secrets and Responses to Investigations
Disputes involving the misappropriation of industrial technology and trade secrets require both a deep understanding of diverse technical sectors and the ability to respond swiftly. The Industrial Technology Team consists of experts with strong academic backgrounds and practical experience across various technology sectors. This includes attorneys with engineering degrees who can thoroughly and accurately grasp the essence of the misappropriated technology, former prosecutors and police officers with expertise in criminal procedures and strategies, and former judges who excel in civil matters such as injunctions and non-compete enforcement proceedings. Together, they provide seamless support throughout every stage of a case. In addition, the Industrial Technology Team includes digital forensic specialists who scientifically verify whether technology theft has occurred, as well as international IP attorneys with expertise in overseas technology misappropriation and discovery procedures. By working as one team, the Industrial Technology Team creates unparalleled synergy that sets the Team apart from others in the field. Through this organically collaborative One-Team system, Lee & Ko delivers distinguished solutions that no other law firm can easily replicate.

Strategic Advisory Services with Foreign Exchange Transactions
The export of NCTs and NASTs as well as cross-border M&As involving these technologies are subject to strict reporting and approval requirements under the Foreign Exchange Transactions Act and the Foreign Investment Promotion Act (“FIPA”). In cases where a foreign entity, directly or indirectly, acquires effective control over the management of a domestic company, a separate national security review may also be conducted if the transaction is deemed to pose a risk to national security. Transactions conducted without the necessary approvals or advance reporting may be subject to immediate sanctions and criminal penalties. Therefore, obtaining specialized advice on foreign exchange transactions is a critical element in both preventing technology leakage and designing lawful transaction structures. The Industrial Technology Team includes experts with extensive practical experience working with key regulatory authorities such as the Financial Supervisory Service, the Ministry of Economy and Finance, and the Bank of Korea and provides prompt and accurate support for the complex foreign exchange reporting and approval procedures related to NCTs and NASTs, ensuring compliance and minimizing risk for our clients.

Risk Management of Industrial Technology and Trade Secret Misappropriations
The Industrial Technology Team provides proactive assessments of potential legal risks, including the misappropriation of a competitor’s or third party’s industrial technology or trade secrets by a company, disputes arising from employees switching to competitors, and other related issues. The Industrial Technology Team includes attorneys with extensive compliance experience for major conglomerates and mid-sized companies, enabling the Team to deliver swift and accurate risk analysis and practical policy recommendations based on a deep understanding of technology. The Industrial Technology Team offers comprehensive support, including drafting and revising internal regulations, policies, codes of ethics, and undertakings, as well as conducting employee training and awareness campaigns. For NCT/NAST-owning companies, the Industrial Technology Team provides an integrated solution that covers everything from on-site inspections to hands-on practical support, ensuring robust compliance and effective risk management.

Legislative and Regulatory Reform 
The Industrial Technology Team actively participates in various research groups organized by national academies, government bodies, and academic institutions, allowing the Team to gain in-depth insight into the latest regulatory and policy trends related to industrial technology and foreign investment. Leveraging the Team’s extensive network and hands-on experience with government agencies, the Industrial Technology Team provides legislative consulting services to ensure that the perspectives and needs of the industry are effectively reflected in policy and legislative developments.