미국 영업비밀보호법(DTSA)의 주요내용 검토 및 시사점

Abstract

Despite the advancement of corporate security systems compared to the past, the number of technology outflow in the industry is increasing. The problem is that not only is the number of technology leakages increasing, but the way is gradually becoming more intellectualization and advancement. This increase in technology outflows has brought internal concerns, such as financial losses and a contraction in technology development by companies leading the domestic industry. In addition, the possibility of overseas outflow of our technology in the global age is also increasing. Despite the government's efforts to amend ‘Unfair Competition Prevention and Trade Secret Protection Act’ and announce ‘Measures to Eradicate Industrial Technology Leakage’, it is not easy to prevent technology leakage in the current industrial era with many stakeholder. And it has been continuously pointed out that the nation's technology protection system is vulnerable to M&A attempts and the punishment for domestic technology leakage is weaker than that of foreign countries compared to the seriousness of the spillage damage. In particular, in the case of Korea, an IT powerhouse, it is necessary to prepare for threats to technical information among strong trade secrets and to respond strongly when infringement occurs. Therefore, it is necessary to continue efforts to protect national security as well as the nation's economic security with legislation that can properly respond to the current attempts by rival companies to steal frequent trade secrets. Even in the United States, which has the strongest trade secret protection legislation, it is keeping tabs on the growing threat to trade secrets of US companies, and is seeking to strengthen trade secret protection through improved legislation. Therefore, Korea needs to review the United States Trade Secrets Protection Act to overhaul and strengthen the nation's Trade Secrets Protection Act. In other words, the Unfair Competition Prevention and Trade Secret Protection Act is necessary to prepare specific example rules for the definition of trade secrets, introduce a unilateral civil seizure system for the theft of trade secrets, prepare heavy regulations for corporations for organized crimes of technology leakage, and to prepare exemption rules