Illegal Export of Strategic Items: From a “Trade Violation” to a “National Security Crime” – Implications for Korea’s Export Control Regime in Light of Recent Case Law and Overseas Legislative Trends
2026.05.27.
As technological competition intensifies across strategic industries of national importance – including semiconductors, defense technologies, and advanced biotechnology – the outflow of strategic items and sensitive technologies has emerged as a national security issue extending beyond traditional trade regulation. In particular, major jurisdictions such as the United States and Japan increasingly view export controls as a core instrument of economic security, and continue to strengthen criminal enforcement, corporate sanctions, and confiscation of illicit proceeds.
Korea likewise operates a licensing and criminal enforcement regime for strategic exports under the Foreign Trade Act, alongside separate approval and reporting systems for national core technologies, national advanced strategic technologies, and defense-related materials. However, a review of recent case law suggests that, even in large-scale unauthorized export cases, suspended sentences or monetary penalties are frequently imposed – raising concerns regarding the effectiveness of deterrence.
In this update, we outline key developments and practical implications for companies.
For more details, please refer to the full report attached below.
.jpg)
.jpg)
.jpg)
