산업스파이 판례분석 및 영업비밀 보호방안 연구

Abstract

Industrial espionage has become a global phenomenon in the era of global competition. This paper tried to derive out industrial technology and trade secret protection measures to counter the increasing number of industrial espionage by analyzing actual cases. The research subjects selected and used precedents meaningful in responding to industrial espionage among industrial espionage cases in Korea. All 160 precedents organized and posted by the Trade Secret Protection Center of the Korean Intellectual Property Office were analyzed. In order to analyze the classification of industrial espionage precedent cases, the target precedents are organized by important factors. The contents of the precedent were analyzed by elements such as serial number, case title, case number, case name, judgment result, defendant type, infringement method, means of leakage, usage method, disclosure scope, and violations. Policy implications to protect industrial technology or trade secrets from industrial espionage were derived and presented according to the analysis results for each element. To summarize what's important policy implications: First, The problem of negligence in confidentiality management and losing litigation is shown in the cases. In order to increase the effect of easing trade secret management, the minimum basic management should be done. Second, confidentiality must be maintained to prevent leakage of industrial technology or trade secrets while investigating industrial espionage reports and complaints during the investigation and trial stage. Third, not only while in service, but also immediately before leaving the company, it is necessary to notify the employees of industrial security information and confidentiality after retirement. Returning secrets should be institutionalized as a company regulations. Fourth, it is necessary to classify secrets as confidential, if leaked threaten risk to the sustainable development of the company. Fifth, it is necessary to actively control the company's removable storage devices. External hard drives, CDs, USBs, laptops, etc. must be purchased and registered from the company in advance, a management number is assigned, and the usage status is recorded and monitored in the management ledger. Sixth, even if the employed executives and employees did not intend to harm the company, they did not use the leaked industrial technology or trade secret, but stored it, kept it, or just transmitted it, it is necessary to prepare a procedure to check whether the trade secrets have been taken away or not, even after retirement. Seventh, in order to prevent overseas leakage, the purpose of overseas business trips should be clearly defined, and a person in charge of industrial technology or trade secret security should be designated and operated abroad. Eighth, there are many companies that do not pledge confidentiality or security, and these companies neglect administrative security measures against industrial espionage.