산업기술유출의 개념과 형사책임 - 헌법재판소 2013.7.25. 자 2011헌바39 결정 -

Abstract

In the reality where it's difficult to expose the crime of the outflow of industrial technology, the Constitutional Court made the judgment that the rules of punishment of the industrial technology outflow prevention law, the legal ground for the crime of technology outflow, were unconstitutional on July 25, 2013. The act of outflowing industrial technology domestically or overseas can be punished under Article 36 of the rules of punishment of the industrial technology outflow prevention law. It should conform to the unlawful act of Article 14 of the same law, that is, industrial technology or national key technology. However, what means industrial technology and who can confirm it here are not clear, which violates the principle of definiteness of that of legality. The rules of criminal punishment, which was found unconstitutional by the Constitutional Court, is a crucial code because it is applied to almost all cases of industrial outflow except for the cases where industrial technology is leaked to other countries. In addition, as the current industrial technology outflow prevention law revised on July 25, 2011, is similar to the judgment in question, so there is the chance for future unconstitutionality suit. This possibility can be found in the judgment by the Constitutional Court, too, and the regulation a question has been raised about needs to be revised. Article 1 of the industrial technology outflow prevention law illuminates its purpose as the prevention of illegal outflow of industrial technology, protection of industrial technology, consolidation of competitive power of national industries, and contribution to the security assurance of the nation and the development of national economy. As it shows, it seems difficult that the industrial technology outflow prevention law plays the role of the basic law as the ground for technology prevention and punishment of technology outflow. If this situation continues, national industrial competitive power will become weak, and various kinds of confusion can occur during working-level investigation and trials. Therefore, in order to minimize this chaos, specific methods are expected to be established so that related laws are re-organized and industrial technology outflow can be fundamentally prevented.