기술의 유출·침해행위에 대한 법적 보호제도 -관련법의 기술 개념, 침해유형 및 법적 보호수단을 중심으로-

Abstract

Recently, as the importance of technical information related to national wealth has been further highlighted and there have been many cases of leaking not only corporate information but also confidential information of the state, many countries around the world have emphasized technology protectionism as well as the New Protectionism. In this study, four laws, the Unfair Competition Prevention Act(Trade Secrets Protection Act), the Act on Prevention of Divulgence and Protection of Industrial Technology, the Act on Support for Protection of Technologies of Small and Medium Enterprises, and the Defense Technology Security Act, which are directly related to technology protection, were mainly analyzed for the purpose of analyzing and reviewing the various and complex technology protection laws of Korea as a whole to understand the characteristics of the legal system, the dynamics between individual laws and the reasons for such characteristics at a time when technology protection policies and subsequent individual legal measures are being strengthened. Also, other related laws, such as the Act on the Promotion of Mutually Beneficial Cooperation Between Large Enterprises and Small and Medium Enterprises, the Fair Transactions in Subcontracting Act, the Patent Act, the Invention Promotion Act, the Foreign Trade Act, the Defense Acquisition Program Act, and the Foreign Investment Promotion Act, were analyzed and mentioned to the extent relevant to these laws. The concepts of each law regarding technical information are not easy to waive the 'secrecy' and 'efforts to maintain secrecy' requirements for the specification of the scope of a right and the exercise of rights unless the public announcement system is used, such as the patent registration of the Patent Act. For this reason, the requirements of the relevant concepts of technical information and the types of technology infringement in each of these laws were prescribed in the basic form of the concept of trade secrets and types of trade secrets infringement in the Unfair Competition Prevention Act(Trade Secrets Act). Also, the provisions related to civil remedies, criminal sanctions and administrative regulations under each law were compared and reviewed as a means of legal protection against technology leakage and infringement, and it was observed that protection laws applicable to one particular technical information could vary in individual cases. And the reason for legislating technology protection laws in such a way that they are overlapping, such as "a spiderweb," is to fully protect technical information through various legal bases, which is difficult to become an object of a universal right due to the absence of a specific public announcement method, and the nation's diverse current laws on technology protection will be largely classified as a "type of protection for technology itself" and a "type of unfair competition law," which can be divided again on a personal, national, and international level. At the same time, however, it is necessary to enact a "Framework Act on Technology Protection" for systematic management of laws related to technology protection, as there exists a need to set a macro direction in line with the structural complexity of the relevant laws and the expansion of technology protection areas.