해외의 기술유출 피해액 산정제도 연구

Abstract

Recently, important national technologies have been leaked around the world, and the number of cases where the exact amount or standard of damage is confusing is increasing. In other words, in calculating the amount of damage caused by technology outflow, there is the question of whether to base the evaluation on the technology stolen so far on the amount of profit or the amount of loss, and whether the investment of research and development costs should be considered as the value of the technology, or the market exchange formed in the market. Discussions were taking place, such as whether to view the price as its current value. In addition, in the case of the prosecution, the sentence suggests the amount invested in technology development, but the court sentences based on the amount formed in the market, so it was confirmed that there is a very large difference between the sentence and the sentence. Recently, Korea has also legislated and implemented standards for calculating damages, and such legislation is being reviewed. However, in order to consider the damage calculation standards and sentencing factors that are problematic in criminal punishment for technology leak crimes that occurred domestically, data were collected on the laws and criminal precedents of the United States and Japan, which were comparatively reviewed, and the civil affairs and Although there are limits to the inevitable mixing of criminal matters, the interpretation of positive law and domestic implications were discussed.