Criminal LAW Proposals for the Protection of Industrial Security Technologies in KOREA

Abstract

In this paper, we have examined the issues to be considered for the protection of industrial security technology from a criminal law perspective. Infringement of industrial security technology is a field that can threaten the existence and security of the state as well as impeding national competitiveness, and it is common to discuss it in the national security area. Furthermore, the threat of national security has diversified, and the effective control over industrial security technology is getting more difficult. Therefore, this study distinguishes two important areas to be considered for protection of industrial security technology. First of all, although industrial security technology belongs to the field of protection, it is confirmed that unconditional protection is moving toward a hyperconnected society, and that there is no reality at the moment. Secondly, it pointed out that criminal punishment is at the forefront of protection of industrial security technology, especially that the creation of new crime should be judiciously cautious. In the concrete criminal procedure, it prevents prevention of intentional leakage of sensitive industrial security technology. In order to proactively protect the industrial security technology, it is necessary to consider how to institutionalize information sharing among the related organizations involved in the protection of industrial security technology. In addition, the protection of industrial security technology can be limited only by the efforts of the public sector. Therefore, we examined the possibility of utilizing the private investigator. Finally, we assume that the industrial security technology is traded in the dark net, which is newly emerging as a crime market.