산업기술유출범죄 수사체계의 재검토

Abstract

In the modern society, enterprises are making a lot of investment in the development of new technology, through which they play the role of the driving force for the development of national industries. However, the technology developed by enterprises through huge investment is constantly being leaked not through legitimate deals but in illegal ways. This technology outflow not only threatens the survival of an enterprise, but also is a serious crime that can awfully affect national industries. At present, the police, the prosecution and National Intelligence Service (NIS) are in charge of the investigation into the outflow of industrial technology, and NIS is taking the lead. Yet, it doesn't have the authority to investigate technology outflow crimes because of its organizational characteristic, and finishes investigation by notifying its investigation data to the police or the prosecution. This current investigation system into the outflow of industrial technology demands close cooperative ties among national organizations, that is, the police, the prosecution, and NIS. In addition, the government needs to establish a proper system of reaction against the crime of technology outflow, and take measure to maintain close cooperative relation with enterprises. In particular, when investigating technology outflow crimes in the reality, it's very difficult for an investigative agency to independently collect evidences and investigate. In spite of this reality, NIS, the prosecution and the police are respectively collecting data and conducting investigation based on it regarding technology outflow crimes. This dispersion of main agents of investigation into crimes can impede the efficiency of investigation. Therefore, in order to solve this problem, professional investigators should be secured, and a professional investigative agency for integrated management has to be established for preventive activities against technology outflow crimes and investigation in already committed crimes. In addition to the investigation mainly by the professional investigative organization, the system for close cooperation and actions with the organizations related to technology outflow crimes, such as the trade mission and the intellectual property committee of the Ministry of Trade, Industry and Energy, also needs to be constructed.