산업보안법 분류 체계현황과 개선방안에 관한 연구

Abstract

This study was intended to provide implications by examining how effective the system of the current Industrial Security Act is in protecting technology, which is the purpose of the law and system. The current Industrial Security Act system was operated centered on the government's work without integration among ministries such as the Ministry of Trade, Industry and Energy, the Korean Intellectual Property Office, the Ministry of SMEs and Startups, and the Defense Acquisition Program Administration. Therefore, laws and regulations were examined separately by technology type, such as the Unfair Competition Prevention and Trade Secret Protection Act, the Industrial Technology Leak Prevention and Protection Act, the Small and Medium Business Technology Protection Act, and the Defense Technology Protection Act. In particular, with regard to protection guidelines, the reality is that government guidelines for each field, such as the industrial technology protection guidelines of the Ministry of Trade, Industry and Energy and the defense technology protection guidelines of the Defense Acquisition Program Administration, continue to be created in the same way, without showing any specificity for each technical field. In other words, the current Industrial Security Act system has an Industrial Security Act system that selects a different legal response method depending on the type of technology. However, the actual industrial security law research system classifies technologies and responds mainly to the government's legal system, which raises doubts whether it is effectively responding to industrial security incidents. come. The Act on Prevention and Protection of Industrial Technology is the object of protection for industrial technology and national core technology, and the protection of technical information and business information in the Unfair Competition Act and Trade Secret Protection Act, and the Invention Promotion Act. The invention of employees is the subject of protection, and the Act on the Promotion of Coexistence of Small and Medium Enterprises protects technical and managerial information, the Foreign Trade Act protects strategic materials, and the Defense Technology Protection Act protects the defense industry technology. there is. As such, the current Industrial Security Act establishes a technology-oriented classification system for the Industrial Security Act and adopts a method in which the application of laws and regulations varies depending on the type of technology. will be. Thus, in industrial security, safety is concerned with efforts to prevent, detect, and respond to accidental damage, whereas security is claimed to prevent, detect, and respond to malicious damage. Therefore, in industrial security management, it can be said that it is a more efficient approach to analyze the cause of industrial technology leakage and remove it. A new legal response system was proposed in the Industrial Security Act as a response to the Industrial Security Act against technology leaks by unauthorized persons due to and illegal acts. There are three reasons why the industrial security law system should be established in response to illegal acts and the legal relationship behind intentional actions to access technology by further subdividing risks. First, it is more efficient to establish a security system in a way that eliminates problems by analyzing what kind of situation a person is in, and research on establishing a detailed security system suitable for each person's position is possible. In the case of those with the right to access industrial technology, if they attempt to leak various technologies, such as breach of trust and embezzlement, after accessing them through labor contracts, technology transfer contracts, joint ventures, and mergers and acquisitions contracts, which are legally related, tight security measures in the contract A detailed security plan for each contract, such as clarifying the person in charge and the person in charge, should be prepared. In addition, a more systematic detailed security plan is required to respond to illegal acts, interception of documents, hacking, etc. by a third party with no legal relationship at all. Therefore, it is possible to establish an efficient and detailed security policy when the related laws are specifically approached with a focus on the cause so that the intentional behavior of industrial technology leak cases can be eliminated. The current industrial security law system does not distinguish between industrial technology leakage cases that occur in contractual relationships and industrial technology leakage cases that occur due to illegal acts. Second, there is a need to change the paradigm of the Industrial Security Act, which is one aspect of the conduct regulation law and system. Legislation is needed to respect the duty of care that people are doing, rather than merely sanctioning them from the perspective of consequent offenders when it comes to technology leakage at home and abroad. The current industrial security law system is a method of increasing the level of regulation and punishment for prohibited behaviors with a single touch of regulation on behavior. It is also necessary to explore the system. Ultimately, it is expected that the intentional actions of humans will be eliminated in the case of industrial technology leakage, and it will be understood as an appropriate incentive to bring more positive effects. Third, it is seen as an industrial security law system that can directly increase the value of use in the industry by making it possible to write efficient security manuals. If the rights-oriented industrial security law system is more established than the technologyoriented industrial security law system, efficient security manual production will be possible according to the legal relationship, not the type of technology. In other words, until now, in the technical field, there has been reluctance to create a standard contract because it is considered that there is no standard for the agreement on the use of intellectual property rights. Dissemination may be possible. In other words, it is not limited to the general security pledge obligation to prohibit job change and confidentiality, but it is possible to seek a security-related agreement in more depth in the position of the worker, the position of the trustee or licensee receiving technology transfer, and the position of joint ventures and mergers and acquisitions. there will be As these detailed security agreements and responsibilities become clearer, the accident prediction-type industrial security system becomes more solid and the response to technology leaks that have occurred in most cases can be advanced.