중소기업기술보호법의 지원제도에관한 연구- 주요 기술보호 지원제도에 대한 검토를 중심으로 -

Abstract

In this article, we reviewed the main systems and specific supporting projects for Act on Support for Protection of Technology of SME (hereinafter, the Act), which aims to support SMEs' technology leakage prevention. It pointed out that there is not an adequate system in terms of supporting procedures, methods, and follow-up management, and suggested matters to be supplemented. While the existing technology leakage prevention laws, such as the Subcontracting Act, the Industrial Technology Outflow Prevention Act, and the Unfair Competition Prevention Act, mainly contained the content of ex-post relief and punishment, the Act focused on the prevention of technology leakage in advance. It is a law for carrying out supporting projects to protect the technology of SMEs. Since its implementation in 2014, it has focused on prevention of technology leakage by carrying out various supporting projects for SMEs, but the technology protection level of SMEs is still inferior to that of large companies, and the damage of technology leakage continues. In this situation, as the Act is in operation, some suggestions to supplement the current laws and regulations in order to perform technology protection supporting projects more quickly and soundly are as follows. First of all, the enforcement decree of the Act must be quickly enacted. Currently, specific details on supporting procedures, methods, evaluations, etc. that can be commonly applied to supporting projects implemented by the Ministry of SMEs and Startups and Small and Medium Enterprises and the Agricultural and Fishery Cooperation Foundation should be systematically reorganized. In particular, in the technology protection supporting procedure, it is necessary to clarify the eligibility of applying for the supporting project by year and whether it is possible to reapply, and it is necessary to stipulate the selection criteria and selection procedure of beneficiary companies. Next, In the support method, we discarded the current method of applying and applying for various support projects individually. And a standardized technology protection level model(standard model) that can be applied equally to all SMEs should be constructed so that SMEs in need of technology protection support can select. It would be desirable to provide an additional technology protection supporting project based on the standard model applied to all SMEs so that individual SMEs can receive intensive technology protection support suitable for them. Lastly, the SME technology protection supporting project should not be limited to a one-time basis, but should be carried out as a continuous project until it has an appropriate level of technology protection capability based on the standard model. To this end, not only support plans established and implemented every three years prescribed in the Act, but based on this, the government and local governments must establish and implement annual support plans each year. In addition, it is necessary to introduce a procedure for evaluating the effectiveness of the technology protection of the supporting project and the level of the supplier.