부정경쟁방지법에서의 영업비밀의 형사법적 보호

Abstract

Today, the importance and necessity of the protection of trade secrets for the interest is much higher. Include the background first, there is growing importance of proprietary information can be found. In some cases, the information can not be compared with the value of tangible facilities or materials. Accordingly, it is the national subject to protect trade secrets, no less than to develope technology. Secondly, Korea’s industrial structure and employment patterns are changing in knowledge-intensive type and employment type has become flowing away from the traditional, permanent occupation type. Facilitating the movement of labor across the enterprise becomes more likely to disclose trade secrets along, the proprietary information is requested by the need to protect. Finally, trade secret protection for the international system is that it is requested. To do activily Korean companies in world and to do activily foreign companies in korea, Korea’s trade secrets protection system and the international protection system is necessary to harmonize. For this end, WTO members should regulate the country’s laws protecting trade secrets in accordance with article 39 of TRIPs. Germany, in 1987, France in 1992, the United States in 1996, China 1997, Korea in 1991, Japan in 2003 to protect trade secrets, panel sanctions were introduced. However, criminal legal protection of trade secrets may be significant side effects. For example, trade secrets of the conceptual uncertainty can come from the expansion of the penalties, restrictions on freedom of changing occupation. This paper argues with The Economic Espionage Act in U.S.A, the Unfair Competition Prevention Law in, Germany and Japan, China’s Criminal Law, the Unfair Competition Prevention Law in Korea with the viewpoint of the comparative law.