Earticle

초록

영어

This study is devoted to the some critical comments on the Act about the technology leak prevention and industrial technology protection and support in Korea. The Objective of this Act is as follows ; Industrial espionage such as smuggling industrial technology to foreign countries is pervasive in Korea. The current Unfair Competition Prevention and Business Secret Protection Act and the other close to this Act or regulations, contrary to our expectations, have not paved the way for the progress in prevention of technology leaks. Thus, the purpose of this Act is (ⅰ) to prevent leaked information of core technologies which could pose a threat to national security; (ⅱ) to protect core industrial technologies by establishing a legal framework to prevent them from being leaked and strengthening a sense of security; (ⅲ) to enhance the industrial competitiveness of our country by protecting and supporting science/ industrial technicians, researchers and developers; and (ⅳ) to guarantee national security and stabilize our economy. I criticise this Act from theoretical and practical points of view. Theoretically, many invalid and vogue terms are provided in this Act, e.g. national security, national economics, core technology. Man can not find the exact criterium of these terms to make an application to the concrete cases. Practically, I am afraid of the bureaucratism in the sphere of industrial administration. Even though the purpose of this Act has the proper basis, the progress of technology is very fast and does not wait for the time, but the industrial administration does not back the technology environment up in the business. To my opinion, there are many Acts in connection with industrial espionage in Korea. Before the Enactment of this Act, the Korean Government had to let the lawyer or the law-professor research the relation with the other Acts or regualtions.

목차

I. 서언
 Ⅱ. 해석상의 문제점
  1. ‘국가안전보장 및 국민경제’라는 개념
  2. 국가핵심기술이라는 개념
   (1) ｢방위사업법｣상의 ‘핵심기술’이라는 개념
   (2) 군사기밀보호법상의 군사기밀
   (3) 형법ㆍ국가보안법상의 ‘국가기밀’
   (4) 부정경쟁법상의 ‘영업비밀’
   (5) 앞의 개념들과 ｢산업기술유출방지법｣상의 국가핵심기술과의 관계
  3. 원상회복이라는 의미
  4. 재산권침해의 문제
  5. 특허권을 받은 경우
  6. 제4조의 해석문제
 Ⅲ. 법집행상의 문제
  1. 위원회 운용시 예상되는 문제점
  2. 산업행정의 관료화
  3. 내부적인 문제를 국가권력이 경영진의 편을 든다는 인상
 IV. 결언
 참고문헌
 Abstract

키워드

산업기술 국가핵심기술 영업비밀 기술유출 부정경쟁방지법 산업기술 유출 방지 및 보호에 관한 법률 Industrial technology core technology business trade secret smuggling industrial technology The Unfair Competition Prevention and Business Secret Protection Act The Technology Leak Prevention and Industrial Technology Protection and Support Act

저자

• 계승균 [ KYE, Seung Kyoon | 영산대학교 법과대학 ]

참고문헌

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