영리법인의 기술신탁관리업 참여방안 연구

Abstract

A company or financial institution that has obtained authorization pursuant to article 12 of the Financial Investment Services and Capital Markets Act can engage in technology trust management business. Despite this article, it is claimed that government shall grant a technology trust management business license to profit-making legal entities. This study aims to analyze the effects and legal issue surrounding a technology trust management business license for profit-making legal entities. By the nature of the structure of authorized business units in the Financial Investment Services and Capital Markets Act, it is hard to expect a trust company to actively participate in a technology trust business. On the other hand, technology trusters are granted a technology trust management business license can accept for trust only technology including intellectual property rights. Additionally, participation in a technology trust management business of by a profit-making legal entity is in accord with the government’s IP policy and is helpful in activating asset-backed securitization using beneficial interest in a managerial trust. If profit-making legal entities are included in technology trusts , it is better to limit entities to technology trading agencies, companies specializing in commercialization and technology evaluation under the Technology Transfer and Commercialization Promotion Act. And, in consideration of article 12(2) of the Financial Investment Services and Capital Markets Act, it is necessary to apply the further requirement that a profit-making legal entity shall have its own equity capital equivalent to or more than 500 million won.