산업기술유출사건 처벌 강화를 위한 피해 금액 특정 방안 연구: 경찰 수사관 관점에서

Abstract

The damages caused by industrial technology theft crimes are increasing day by day. However, the punishment for offenders is relatively lenient in reality. Despite several enhancements to the sentencing standards for industrial technology theft crimes, many perpetrators still receive minimal sentences in practice. This outcome is due to the lack of objective criteria to assess the extent of damages caused by these crimes, resulting in significantly lower sentences compared to the statutory penalties. Therefore, a reevaluation of methods to determine the amount of damages caused by industrial technology theft crimes is necessary. In this study, qualitative interviews were conducted with police investigators who have experience in investigating such cases to gather their opinions on calculating the damages caused by these crimes. The aim was to validate the effectiveness of previous research and propose alternative approaches. The qualitative interviews were conducted using in-depth interview techniques, and the Affinity Diagram methodology was employed to analyze the interview data. Through the analysis of these interviews, three improvement proposals were identified: 1) the need for the establishment of specialized courts with expertise in industrial technology theft cases, 2) the necessity of creating a new authorized committee to objectively assess the amount of damages, and 3) the importance of detailed criteria for determining the classification of trade secrets in business operations. If these three proposals are implemented, it is expected that investigations will proceed more efficiently, ultimately leading to a transformation in societal perceptions of industrial technology theft crimes.