국제 M&A 및 인력이동과 첨단산업 기술유출 방지제도 연구
A Study on a Legal System for the Protection of High-technology from an International M&A and an Employment Transfer
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Recently, an exportation of high-technology including a M&A and employee's movement has been growing concern in the world. Thus, several states have a legal system to block an exportation of high-technology. The U.S. has developed a legal system in response to the earlier experience of an exportation of High-technology and foreign take over of U.S. enterprise. The Exon-Florio provision, Section 721 of the Defense Production Act of 1950, provides the President of the U.S. broad discretionary authority to take what actions he considers to be "inappropriate" then to block proposed or pending acquisitions, mergers, or takeovers by foreigners which "threaten to impair the national security." CFIUS, consisting of representatives from 12 government agencies including the CIA, established by an executive order to implement the Exon-Florio Provision, reviews foreign acquisitions, mergers, or takeovers and certain acquisitions, mergers, or takeovers of research and development facilities. On a recommended determination by CFIUS, the President have decided to block several transactions. In Korea has a legal system to block an exportation of high- technology by the control of foreign direct investment and disclosure of industrial technology under certain circumstances. However, the system does not seem to be sophisticated to protect the high- technology from an exportation.
Abstract
Recently, an exportation of high-technology including a M&A and employee's movement has been growing concern in the world. Thus, several states have a legal system to block an exportation of high-technology. The U.S. has developed a legal system in response to the earlier experience of an exportation of High-technology and foreign take over of U.S. enterprise. The Exon-Florio provision, Section 721 of the Defense Production Act of 1950, provides the President of the U.S. broad discretionary authority to take what actions he considers to be "inappropriate" then to block proposed or pending acquisitions, mergers, or takeovers by foreigners which "threaten to impair the national security." CFIUS, consisting of representatives from 12 government agencies including the CIA, established by an executive order to implement the Exon-Florio Provision, reviews foreign acquisitions, mergers, or takeovers and certain acquisitions, mergers, or takeovers of research and development facilities. On a recommended determination by CFIUS, the President have decided to block several transactions. In Korea has a legal system to block an exportation of high- technology by the control of foreign direct investment and disclosure of industrial technology under certain circumstances. However, the system does not seem to be sophisticated to protect the high- technology from an exportation.
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