범국가적 산업기술유출수사체계 구축 방안에 대한 연구 – 산업기술유출사건의 특성 및 외국 사례 중심으로 -

Abstract

In the era of the 4th Industrial Revolution, competition among nations for securing technological power is intensifying. This indicates that technology protection is more important than ever. Proactive prevention is important, but it is also an important axis of technology protection to stop technology leaks at an early stage and to prevent the spread of damage by quickly detecting and investigating industrial espionage cases. In order to prevent the outflow of technology early, prompt intelligence collection and investigation by intelligence and investigation agencies are the key, but the current technology leakage investigation system involves duplicate processes in terms of intelligence collection and investigation without considering the characteristics of technology leakage incidents. The biggest problem of the industrial espionage investigation system in South Korea is the difficulty of information sharing and cooperation with relevant organizations such as National Intelligence Service, police, and prosecutors who are in charge of collecting information and investigating industrial espionage cases. These problems lead to the prolongation of investigation and trial periods, which in turn gives victims a considerable psychological and financial burden. Even if victims become aware of their technology leaks, they are not able to take any action or abandon the investigative process. The Korean government has attempted to improve the information sharing and cooperation, but it is not easy to improve due to the structural problems of the relevant government agencies. In this study, we proposed the establishment of the national industrial espionage investigation organization as a way to solve the structural problems fundamentally and to cope more effectively with technology leakage cases. Before reaching this proposal, characteristics of the industrial espionage cases and problems of the current industrial espionage investigation system were examined, and some foreign systems were reviewed. Espionage cases have different characteristics from general criminal cases. Due to these characteristics, the investigation process develops somewhat differently from general criminal cases. Analyzing the nature of espionage cases will help to identify effective ways of how the investigation system should be designed to prevent future damage. In this paper, various foreign models, such as the US, the UK, Japan, and China, have been examined. In particular, in the US industrial espionage receives governmental attention and support, and intelligence agencies, police and prosecutors respond to industrial espionage incidents based on a strong nationwide cooperation model for swift investigation and prosecution. In consideration of the US model, the national industrial espionage investigation organization is conceptualized as a national investigative body that organically connects all the phases from intelligence gathering, investigation and prosecution.