Back Korea (Republic of)
Status regarding Budapest ConventionStatus : NA See legal profile
National Cyber Security strategy 2019
2016 Defense White Paper contains reference to Cybercrime as being a major challenge to the financial sector.
Strategy is reported as being ‘in progress’
State of cybercrime legislation
Amendments permitting accession to Budapest Convention are under consideration, discussions with CoE were held in particular at International Symposium on Cybercrime Response in 2019. Further public consultations are underway in Korea in view of future accession.
Substantive law elements are present in Korean criminal law through provisions of the Criminal Act, Information and Communication Network Act (revised in 2008) and the Information and Communications Infrastructure Protection Act, covering offences required by the Budapest Convention on Cybercrime.
Criminal Procedure Act is aided by several other acts and laws providing details as to search and seizure and production orders, while interception is regulated by Protection of Communications Secrets Act (revised in 2008). No information about preservation powers is available.
Related laws and regulations
Cyber Bureau, Korean National Police Agency
KN-CERT – Korea National Computer Emergency Response Team
These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe.
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- Cybercrime website
- Template: Mutual Legal Assistance Request for subscriber information (Art. 31 Budapest Convention). English and bilingual versions available.
- Template: Data Preservation Request (Articles 29 and 30 Budapest Convention). English and bilingual versions available.