해외진출기업의 기술유출 방지를 위한 법적 대응방안

Abstract

As Korean companies' technological competitiveness has become global, the technology leakage cases of overseas expansion businesses are growing. The 64% of all technology spills are occurring in small businesses. Although the technology level of small businesses has improved a lot, it is easy to leak industrial technology. Especially, in the case of Korea's overseas expansion businesses, human and physical security infrastructure is very poor. Therefore, the companies with core technologies should review the improvement plan related to industrial technology protection to support by legal system and support plan to prevent prevent technology leakage. This study analyzed the current state and real condition of technology outflows of overseas expansion enterprises, and examined the legal system and support policies to prevent foreign technology outflows, and found problems and suggested ways to improve them. To protect the technology of overseas expansion businesses, the points to organize at government level are explaining and expanding consultation on the local laws related to companies, understanding difficulties of the damage on technology leakage, companies visit, and industrial security, conducting a leak investigation jointly with companies and expanding diplomatic resolution efforts are necessary. In particular, small businesses with core technologies need to expand their support to build security systems to prevent technology leakage. The laws related to prevention and protection of industrial technology leakage are established and operated to prevent the technology leakage of overseas expansion businesses. However, the subject of protection and support is limited by core technology, high technology, new technology, and electrical power technology on high tech industrial technology. In terms of technology protection for small businesses, the Act on the Protection of small businesses' Technical Protection provides for the establishment of a penalty clause and the provision of industrial security control services, but a broader legal basis should be established. To prevent the leakage of industrial technology, It is necessary to discuss the establishment of the basic law on the protection of industrial technology to support it institutionally with the establishment of a control tower structure that can systematically and efficiently coordinate industrial technology protection policies, the establishment of a dedicated department and the United States' Bureau of Industry and Security (BIS).