산업기술 유출 수사사례와 관련 문제점 검토
A Study of Cases and the Problems of Investigaton Industrial Technology Outflow
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Outflow of industrial technology has become recognized as a problem of the national economic security from an issue that would determine the rise and fall of an enterprise. At this point of time, we should shift the paradigm of the national policy to cope with industrial technology outflow, establish an organization exclusively in charge of the industrial technology outflow at the government level, and reestablish a high rank goal of detecting professional spies supported by a foreign country or enterprise and protecting the domestic industrial technology. In addition, we should carry out revision of laws fast reflecting the development of industrial technology and prevent a blank of punishment by which victim of an industrial technology outflow cannot be punished. In the punishment of a law court, the examination of an offense should be appropriate by setting up the criteria for the estimation of the amount of damage more objectively and reasonably and make efforts to raise the penalty to the level of effectiveness, which currently is ‘only a slap on the wrist.’Along with this, for the stronger punishment of a crime, investigative institutions’ manpower for industrial technology outflow should be increased, and through developing professional investigation techniques like digital forensic and promoting the expertise of investigators, dispensation of justice to the crimes and intimidating preventive effects of punishment should be maximized. Through the implementation of the above measures, the effectiveness of criminal punishment will be secured. Lastly, the government, enterprises and individuals should recognize the importance of the protection of industrial technology and cooperated with each other through sharing information and establishing a joint industrial security system to make efforts to protect the industrial technology in which enormous efforts have been invested in its entirety and connect that to economic development and the national development.
Abstract
Outflow of industrial technology has become recognized as a problem of the national economic security from an issue that would determine the rise and fall of an enterprise. At this point of time, we should shift the paradigm of the national policy to cope with industrial technology outflow, establish an organization exclusively in charge of the industrial technology outflow at the government level, and reestablish a high rank goal of detecting professional spies supported by a foreign country or enterprise and protecting the domestic industrial technology. In addition, we should carry out revision of laws fast reflecting the development of industrial technology and prevent a blank of punishment by which victim of an industrial technology outflow cannot be punished. In the punishment of a law court, the examination of an offense should be appropriate by setting up the criteria for the estimation of the amount of damage more objectively and reasonably and make efforts to raise the penalty to the level of effectiveness, which currently is ‘only a slap on the wrist.’Along with this, for the stronger punishment of a crime, investigative institutions’ manpower for industrial technology outflow should be increased, and through developing professional investigation techniques like digital forensic and promoting the expertise of investigators, dispensation of justice to the crimes and intimidating preventive effects of punishment should be maximized. Through the implementation of the above measures, the effectiveness of criminal punishment will be secured. Lastly, the government, enterprises and individuals should recognize the importance of the protection of industrial technology and cooperated with each other through sharing information and establishing a joint industrial security system to make efforts to protect the industrial technology in which enormous efforts have been invested in its entirety and connect that to economic development and the national development.
참고문헌 (17)
- 김경환, "미국의 영업비밀․산업기술 보호강화 동향", 電子新聞寄稿文, ~ (2013)
- 노호래, "산업기술 유출범죄에 대한 정책적 대응방안", 한국공안행정학회보, 17(1), pp.45~77 (2008), 한국공안행정학회
- 박강우, "산업스파이범죄의 실태와 법적 규제의 문제점", 형사정책연구, 23(3), pp.129~160 (2012), 한국형사정책연구원
- 박상열, "부정경쟁방지법에 의한 영업비밀의 형사법적 보호", 지식재산연구, 6(3), pp.103~144 (2011), 한국지식재산연구원
- IT 등 첨단 산업기술 유출 범죄에 대한 연구, "신광섭", ~ (2008)
- 신승균, "판례분석에 기반한 산업기술 유출방지 법제 연구", 박사, IT정책경영학과, pp.2012
- 안성수, "형사상 영업비밀 침해에 있어서 이익과 손해액 산정-올바른 양형기준의 정립과 관련하여-", 정보법학, 11(1), pp.21~60 (2007), 한국정보법학회
- 이경열, "산업스파이범죄의 실태와 형사법적 대응", 비교형사법연구, 11(2), pp.53~80 (2009), 한국비교형사법학회
- 이정원, "한국의 산업기술 부정유출에 대한 처벌규정의 문제점 및 대안", 영남법학, (30), pp.245~266 (2010), 법학연구소
- 전지연, "영업비밀의 형사법적 보호", 형사법연구, 20(4), pp.247~280 (2008), 한국형사법학회
- 최병문, "영업비밀 침해의 형사처벌", 비교형사법연구, 8(2), pp.545~566 (2006), 한국비교형사법학회
- 산업스파이에 대한 형사법적 대응방안, "한상훈", 한국형사정책연구원, ~, pp.연구보고서 00-19 (2000)
- 한희원, "정보보안(保安)의 규제 혁신에 대한 고찰- 산업기술의유출방지및보호에관한법률을 중심으로 -", 법조, 58(4), pp.258~301 (2009), 법조협회
- 국내기업의 지식재산 유출 피해실태와 정책과제, "대한상공회의소", ~ (2013)
- 중소기업 기술보호 역량 및 수준조사 결과 보고서, "중소기업청", ~ (2012)
