Designation of New NCT and NAST - Amendment to MOTIE Public Notice

On May 7, 2025, the Ministry of Trade, Industry and Energy (MOTIE) issued a legislative notice to the proposed amendment to its Public Notice on the Designation of NCT (NCT Public Notice), which specifically defines the national core technologies (NCT) protected under the Act on Prevention of Divulgence and Protection of Industrial Technology (APDPIT). MOTIE is currently receiving public comments on the proposed amendment until May 27, 2025.

In addition, the Public Notice on the Designation of National Advanced Strategic Technologies (NAST Public Notice), which specifies the national advanced strategic technologies (NAST) protected under the Act on Special Measures for Strengthening and Protecting Competitiveness of National Advanced Strategic Industries, was recently amended and came into effect on May 12, 2025.

Prior to this amendment, the NCT Public Notice designated a total of 76 technologies across thirteen fields, including semiconductors, electrical and electronics, and automobiles & railways, as NCTs. With the latest amendment, three new technologies in the fields of electrical and electronics, metals, and aerospace have been newly designated as NCTs. In addition, the names of 15 technologies across six fields, including semiconductors, metals, shipbuilding, and automobiles & railways, have been changed.

1. Technologies Newly Designated as NCT  
    3 technologies in the fields of electrical and electronics, metal, and aerospace have been newly designated as NCTs in recognition of their impact on national security, the economy, and market share both domestically and internationally.
    

2. NCT that Have Been Renamed  
    To reflect the evolving technological landscape and recent advancements, as well as to more accurately represent current terminology, the names of 15 technologies across six fields, including semiconductors, metals, shipbuilding, and automobile & railways, have been updated. 
    
    
    
    
    
    

3. Technologies Newly Designated as NAST
    Under the pre-amended NAST Public Notice, a total of 17 technologies across four sectors, including semiconductors, displays, and secondary batteries, were designated as NAST. With this latest amendment, two new technologies in the robotics and defense sectors have now been newly designated as NASTs.

    Two technologies in the robotics and defense fields have been newly designated as NASTs to foster the robotics and defense fields as national advanced strategic industries through support systems based on the law, such as those for technological innovation, finance and taxation, regulatory improvements, and talent development, and to prevent potential economic damage to the nation in the event of technology leakage.
    

4. Implications - Need for Technology-Owning Companies to Review the Proposed Amendment to the Public Notice and Advance Public Comments
    Under the amended NCT Public Notice (yet to be implemented) and the NAST Public Notice (already in effect), companies that own technologies newly designated as NCTs or NASTs will be subject to NCT or NAST regulations as NCT/NAST-owning companies from the respective effective dates of the applicable Notices. These companies should familiarize themselves with the relevant regulations and take the necessary steps to ensure compliance.

    Companies that own NCT or NAST are subject to regulations, including, among others, implementing protective measures for the technologies and undergoing government review when exporting such technologies by way of entering into license or technology transfer agreements with overseas companies or conducting cross-border mergers and acquisitions. In particular, the amended APDPIT, which will take effect on July 22, 2025, will introduce an ex officio notification system for NCT determination applications and a registration system for NCT-owning entities. Accordingly, companies that believe they possess NCTs are now strongly encouraged to promptly initiate the application process for NCT determination and to register as NCT-owning entities, as required under the amended APDPIT.

    Therefore, technology companies should review the amended NCT Public Notice and NAST Public Notice and closely analyze whether their technologies pertain to NCT or NAST.

    Additionally, the proposed amendment to the NCT Public Notice is currently open for public comment until May 27, 2025. Companies that may be affected by the designation of new NCTs or the renaming of existing NCTs are encouraged to actively submit their feedback during this period.


Lee & Ko’s Industrial Technology Team renders professional assistance with respect to various NCT and/or NAST matters, including obtaining approval for cross-border M&A and technology export, responding to investigations on NCT/NAST leak, and making foreign investment filings under the Foreign Investment Promotion Act, from our accurate understanding of such technologies and extensive work experience with MOTIE, National Intelligence Service and/or Metropolitan/Provincial Police’s Industrial Technology Security Investigation Unit.

If you need any legal assistance, including advancing public comments for the proposed amendment to the NCT Notice, please contact us.