산업기밀유출에 대한 법적 제재: 방위산업을 중심으로

Abstract

Industrial espionage means illegally leaking company's business secret, product development information and some beneficial information to make unfair profits. According to the exposure results about industrial espionage abroad by year, as there are 328 spy cases uncovered on 2013-2014, the higher technology competitiveness get improvement, the more industrial espionage cases arise. Mostly, traditional industrial espionage use the way that employees of private enterprises sell important technology, but these-days defense industrial technology outflow has been discussed as the new type of industrial technology outflow. Many industrial espionage cases committed by the serving or former service officers, and the past or present employee of the National Defense and Science Institute, abusing their positions have been exposed. Outflowing defense industrial technology abroad has not been simply ended up with bringing unfair profits to the offenders who leak military secret, but also it‘s able to harm national security terribly thereby leaking top secrets stipulated on Military Secret Protection Act. Due to adversarial military situation of the Korean Peninsula, if important military industrial information outflowed to overseas flows into North Korea, our strategic intelligence can be exposed to the enemy. Therefore, it is necessary for us to ensure the priori and posteriori control of defense industrial technology outflow, and the criminal who committed these crimes must be punished harshly. Many cases warned that soft punishments let offenders think they can get away with their crimes, thus I'd like suggest complementary measures through related legislation.