「산업기술 유출 방지 및 보호에 관한 법률」 운용시 예상되는 몇 가지 문제점

This study is devoted to the some critical comments on the Act about the technology leak prevention and industrial technology protection and support in Korea. The Objective of this Act is as follows ;<BR> Industrial espionage such as smuggling industrial technology to foreign countries is pervasive in Korea. The current Unfair Competition Prevention and Business Secret Protection Act and the other close to this Act or regulations, contrary to our expectations, have not paved the way for the progress in prevention of technology leaks.<BR> Thus, the purpose of this Act is (ⅰ) to prevent leaked information of core technologies which could pose a threat to national security; (ⅱ) to protect core industrial technologies by establishing a legal framework to prevent them from being leaked and strengthening a sense of security; (ⅲ) to enhance the industrial competitiveness of our country by protecting and supporting science/ industrial technicians, researchers and developers; and (ⅳ) to guarantee national security and stabilize our economy.<BR> I criticise this Act from theoretical and practical points of view.<BR> Theoretically, many invalid and vogue terms are provided in this Act, e.g. national security, national economics, core technology. Man can not find the exact criterium of these terms to make an application to the concrete cases.<BR> Practically, I am afraid of the bureaucratism in the sphere of industrial administration. Even though the purpose of this Act has the proper basis, the progress of technology is very fast and does not wait for the time, but the industrial administration does not back the technology environment up in the business.<BR> To my opinion, there are many Acts in connection with industrial espionage in Korea. Before the Enactment of this Act, the Korean Government had to let the lawyer or the law-professor research the relation with the other Acts or regualtions.