2011년 개정「산업기술의 유출방지 및 보호에 관한 법률(안)」의 분석

Abstract

A bill has recently been proposed to revise the Industrial Technology Drain Prevention and Protection Act enacted in 2007. It strengthens law enforcement by eliminating ambiguity in the definition of industrial technology and national core technology, and also by newly introducing a right to claim injunctions which would be the first civil remedy in the Act, if the bill becomes law. In addition, the scope of function of the Industrial Technology Protection Committee is adjusted in order to work effectively. Especially, the bill firstly introduces a significant legal measure that enables to review the national security implications of foreign investment of which main purpose to obtain national core technology. In the past, a series of similar drafts regarding M&A regulations have been proposed, but failed to become a law due to a strong opposition concerning the economic benefits associated with an open investment climate. For this reason, the current revision includes several limitations so that Congress and the administration effectively balance the twin objectives of maintaining openness to foreign investment and protecting national security. For examples, it adopts the principle of voluntary filings, and limits the subject matter of filings to the national core technology only which is developed under a government support. This article examines the several issues addressed above on a basis of the last draft revised by the Legislation and Judiciary Committee in Congress, and also suggests a few proposals on future works of the Act. For examples, a provision for a penality in the Act should be subdivided with association of the degree and types of infringing behaviors. Moreover, it suggests to adopt a pre-adjudication system,upon request, to decide whether an entity is subject to a filing for review by the Committee, and also addresses needs for an industrial security authentication system and a qualification for industrial technology security expert as well.