As the conventional security concept centered on military and geopolitical aspects has expanded to include the so-called paradigm of "economic security," the security policies of the major countries are being restructured to focus on the economy and i...
As the conventional security concept centered on military and geopolitical aspects has expanded to include the so-called paradigm of "economic security," the security policies of the major countries are being restructured to focus on the economy and industry. Consequently, the significance of the national technology protection and development strategy is growing to the point where it must be addressed from a national security perspective in addition to an industrial perspective. Particularly, recent economic security strategies are established in a way to ensure a dominant position in international technology trade by enhancing national technological competitiveness, as well as to anticipate and react to shocks triggered by changes in the international trade environment. In this context, the necessity of establishing a technology protection and promotion strategy to achieve economic security is further emphasized.
However, the Korean legal system for technology protection conforms to the principle of technology protection oriented on private interests rather than technology protection from the standpoint of economic security, and the legal system for technological export control, thereby making it difficult to be executed with flexibility. In addition, the legal system for promotion of technology is fragmented and decentralized, and while science and technology classification systems are disorganized, the majority of them adopt a one-sided classification method based on the field. Moreover, since the legal notion of "economic security" has not been properly defined under the current law, it is difficult to implement integrated and systematic policies for the protection and promotion of technology in the interest of economic security.
The objective of this study is to investigate the institutional consistency of the legal system for technology protection and promotion from the standpoint of economic security and to provide suggestions for the effective operation of the system. This study analyzes i) the comprehension of economic security presented in previous research, laws, precedents, and policy data in order to define the legal notion of economic security. Particularly, a textual analysis of the current laws defining the notion of 'security' is performed to examine the concept of security and economic security in the current legal system. In addition, this study aims to define the notion of economic security in relation to technology protection and promotion, and ii) to structure the existing legal system for economic security according to this conceptual framework. To this purpose, this research analyzes the technology classification system under the relevant laws and investigates laws and policies pertaining to intellectual property, prevention of technology outflow, and the promotion of technology and industry. iii) Furthermore, in light of the fact that economic security is not a domestic strategy, but rather a strategy for achieving comparative advantage in international relations, this study compares national and foreign legal systems on economic security in parallel based on the same criteria by employing a comparative legal research methodology. iv) This study synthesizes the findings of various analyses to highlight the present state and limits of the legal system for technology protection and promotion from the perspective of economic security, and v) it suggests strategies for strengthening the institutional consistency of the legal system as a legislative proposal, and for the effective operation of the system for technology protection and promotion.
Through the abovementioned analysis, this study aims to clarify the notion of economic security in technology protection and promotion and suggest practical institutional improvement strategies by restructuring its constituent elements. As a major institutional improvement plan, it is suggested to introduce the concept of economic security in subordinate statutes to strengthen the foundation of the legal system for economic security, while employing this concept as a requirement or consideration for technology export control rather than as systematic provisions of definition and responsibility. Moreover, it is proposed to improve the regulation for the Master Plan for National Intellectual Property and the composition of the Presidential Council on Intellectual Property under the "Framework Act on Intellectual Property." To strengthen the intelligence function, it is necessary to include acts threatening economic security by reason of wiretapping by amending the “Protection of Communications Secrets Act” and to improve the system for utilizing intellectual property data by amending the "Invention Promotion Act" or establishing individual act. In terms of the improvement plan for the legal system pertaining to technology protection, this research proposes the introduction of the application secrecy system and the foreign application permission system under the "Patent Act," and the improvement of the "Foreign Trade Act" to ensure flexibility in the technology export control and technology M&A control systems. Similarly, in terms of the improvement plan for the legal system pertaining to technology promotion, this study proposes the need of developing a new technology classification system, establishing a convergence security concept with global value chain and supply chain to respond to the future economic security environment, conceptually separating supply chain and value chain in policy, and constructing a new framework.
Given that the notion of economic security encompasses a broad conceptual field and there are intricate relationships between each component and actor, this concept should be further discussed in each area, such as military, finance, and foreign exchange, along with technology-related systems, in order to clarify the broad concept and establish a national strategy. It is expected that this research will contribute to the qualitative evolution of Korea's economic security legal system by advancing discussions on economic security legal systems in technology-related sectors and by activating and integrating economic security- related debates in each field.