TThis paper examines various ethical issues related to the applications and usage of oral historical materials in North America. As oral history is more and more associated with public history and popularized, ethical and legal issues regarding the collection and use of oral histories are becoming serious and complex. In order to stimulate serious discussions on these issues, this paper examines ethical and legal issues related to the use of oral historical materials in North America. This paper examines 3 ethical issues on the use of oral historical materials found in North American such as victim centered approach, de-colonial archive, and critique of power structure and reflects corresponding cases. Next, the paper discusses major legal issues related to the application and use of the oral historical materials found in the U.S. and South Korea in the near future: 1) compelled release of interviews, 2) defamation, and 3) oral history and the Internet. In doing so, this paper seeks to contribute to the preparation of sound ethical and legal understanding and practices regarding the application and use of oral historical materials.