일본 부정경쟁방지법의 영업비밀 침해행위 형사처벌 관련 규정 개정 주요내용과 함의점

Abstract

The Korea Unpair Competition Prevention and Trade Secret Protection Act(UCPA) provides the details of the " Business Secret Infraction " in Article 2. these acts of violation of trade secrets are listed in the prohibited claim, damages, and recovery of credit. To unify or unify the types of activities required by Article 2, the UCPA, and the types of acts of business secrecy under Article 18 in terms of the normative and decision-making of the offenders In the Industrial Technology Protection Act(ITPA) stipulated lists acts of leakage of industrial technologies similar to those of business secrets in Article 14. Therefore, it may seem more obvious to note that some of the sales and confidentiality acts in the form of them as a elements of crime in penalties are beyond the ambiguities of the type and interpretation. In 2016, Japan introduced the regulation on forfeiture. In Korea, UCPA also needs to be reviewed since Article 36, Clause 4 of the ITPA provides for the regulation of confiscating and confiscating. And Japan is punishing the corporation more for violating its trade secrets under the revised law. As other industrial property related laws, such as the Patent Act, have regulations for weighted corporate penalties, the Act revised such that a corporation actively participates in the project to take over the business secrets through the purchase of human resources, and a labor scout, are required.