In July 2025, at the final meeting of the United Nations Open-Ended Working Group (OEWG) held in New York, the Korean government officially presented, for the first time, its “National Position of the Republic of Korea on the Application of International Law in Cyberspace.” As of July 2025, a total of 33 states and two regional organizations (the European Union and the African Union) had publicly announced their official positions on the application of international law in cyberspace. The publication of such national position papers constitutes state practice in the formation and development of international law, alongside treaties and customary international law, while also serving as a declaration of national strategy. In other words, it reflects how a given state interprets and intends to respond to the various activities taking place in cyberspace. In its first statement, the Korean government affirmed that, in principle, existing international law applies equally to cyberspace, including the principles of sovereignty and non-intervention. It also clarified its stance on the applicability of the prohibition on the use of force, the right of self-defense, state responsibility, as well as international human rights law and international humanitarian law in cyberspace.

The position paper published this time is not a final or immutable declaration, but rather an articulation of the Korean government’s current views and orientation on the international law applicable to cyberspace. Since individuals, groups, corporations, public institutions, and governments all operate and interconnect within cyberspace, the development of international norms governing cyberspace affects us all. This Issue Brief introduces the main areas of international law covered in the statement, analyzes the specific issues to which they apply, and, taking into account the positions of other like-minded states and broader international trends, reflects on areas that remain insufficient and on the legal issues that must be further developed and refined.

This article is an English Summary of Asan Issue Brief (2025-29).

('사이버 공간에서의 국제법 적용에 관한 한국 정부 입장의 현재와 미래’)