국가핵심기술과 전략기술의 관계 정립과 체계적인 보호관리를 위한 개선방안

Abstract

South Korea protects technologies that have a significant impact on society or have a negative impact on national defense or economic security if leaked. The two representative laws that protect such technologies are the 「Industrial Technology Protection Act」 and the 「National Advanced Strategic Industries Act」. Each law designates national core technologies and strategic technologies, but the designation criteria are similar and if a technology is designated as a strategic technology, it has the same effect as being designated as a national core technology. However, there are differences in the severity of sanctions imposed for infringement acts, and the regulations applied to exports and mergers and acquisitions are also different for national core technologies and strategic technologies. As a result, strategic technologies are subject to more severe sanctions, which logically means that they have a higher value of protection than national core technologies. However, it does not designate technologies according to appropriate criteria. Furthermore, not only in the relationship between national core technologies and strategic technologies, but also in the case of national core technologies themselves, technologies with reduced value of protection are not being released, and systematic management is not being done according to the value of protection. In order to establish a systematic technology protection system based on the value of protection, it is necessary to first adjust the relationship between national core technologies and strategic technologies. To this end, it is necessary to add a definition of strategic technologies to the 「Industrial Technology Protection Act」 and specify the relationship between national core technologies and strategic technologies. It is also necessary to clarify the relationship by differentiating the designation criteria for national core technologies and strategic technologies. In addition, it is necessary to clearly distinguish between national core technologies and strategic technologies when announcing them in the [Appendix] of the 「National Core Technology Designation Ordinance」, in order to achieve the legislative purpose of differentiating the protection and management of national core technologies and strategic technologies. Furthermore, it is necessary to establish criteria for classifying national core technologies according to the value of protection so that technologies can be managed systematically, and for technologies with low value of protection to be released.