산업스파이의 신종유형과 형사정책적 대응방안

이경열 한국형사정책학회 2010 刑事政策 Vol.22 No.2

In recent decades, the offences related to economic espionage to export the industrial technologies have been consistently increased with the importance of industrial technologies. In Korea, the "Industrial Technology Drain Prevention Act" (hereafter the ITDPA) has been enacted and the "National Industrial Security Center" under National Intelligence Service has been administered to prevent technology drain to foreign countries, to strengthen the competitiveness of korean industries, and to contribute to national security and development of the national economy. However, the existing legal system does not provide enough appropriate criminal protection against economic espionage. Here, we presented applicative weakness of ITDPA and examined legal and theoretical plans for dealing with this situation in three ways. First, regarding legal exportation of enterprises` industrial technologies through trade or mergers and acquisition (M&A), this study suggested to prohibit technology drain through the revision of Article 11 of ITDPA like a pending legislative bill in the National Assembly. That is, any enterprise or company that intends to export the national core technology (developed with national financial support) through M&A or joint venture with foreign companies should obtain approval of Knowledge and Economy Minister in advance, which is at least legal control system in screening hostile M&A attempting to technology drain only. Thus, this method will effectively prevent the exportation of national core technology and achieve the goal of legislation of ITDPA. Second, this study considered few normative difficulties in legal sanction for entering information communication networks without notice or for exportation and violation of enterprises` industrial technologies, although there is no overt penalty rule in ITDPA for recent cyber spying on industrial secret information like hacking. Article 14 of ITDPA prevent technology drain and violation, and any person that commits an offence falling under Article 14 should be punished under Article 36. In particular, an act of violation of industrial technology described by "other dishonest means" in item one of Article 14 could include cyber violation. However, the most effective and practical way to prepare for cyber spying attacks like hacking industrial secret information is to improve defense skills with the development of new defense technologies, which will be expected like hacking defense program. Third, the existing legal methods like ITDPA or Unfair Competition Prevention Law could not effectively prevent from breaching confidentiality by international industrial espionage that are perpetrated with support of foreign governments and their intelligence services. So, diplomatic steps or international laws or treaties will be helpful to settle this types of international industrial espionage. At present, Article 39 of TRIP (security of undisclosed information) is the only way to prevent from these events. The aggressive industrial espionage with government support is contrary to international law as violation on the sovereignty and on non-aggression of foreign territory. Thus, each country must make an international agreement on preventing aggressive industrial espionage so that they could protect intellectual property rights or industrial technology like trade secret. In addition, each country must consider revising extradition treaty to extradite non-state individuals for international industrial espionage. An intensive review of a topic on extraterritorial application of ITDPA is a prerequisite to effectively cope with acts of breaching confidentiality by international industrial espionage.

첨단산업과 산업단지 조성

박종안 조선대학교 지역사회발전연구원 2003 地域發展硏究 Vol.8 No.1

Industrial crowd and specialization by the regional high technology industrial complex can maximize the synergy effect by economical effect and value chain in a dominant position, support the appropriate industrial environment that the industrial technology development by region technology renovation system construction and the product system of the flexible speciality. There are three common points to be found in the general selecting standards for upbringing high technology industrial business in Gwangju. First the growth motive power of the globe promising high technology industry are, information technology industries, confrontation of industries due to advanced age, global environmental allied industries, and the undeveloped allied industries(such as new materials, mechatronics, space aeronautics, traffic industries, etc). Second, Nation wide promising high technology industry should be; industries based on 5-year plan with industrial technology development, industries based on national vision and development of the strategies, promising industry based on technology. Third, the regionally located industries and the specialized industries such as optical industries. The successful reasons of upbringing high technology industrial are supporting with high qualified human resources, good condition on circulating capital, perfect infra system, developing the consumer market, reliable circulation system, economical network system construction based on renovation, convenient shipping system construction, various tax benefits, neighboring districts civilization, etc. Thus, regional industry accumulating complex upbring the technology renovation high technology industries can increase the industries of international competitiveness, national industrial economic promotion, the consummation of provincial promotion and territorial balanced development, and right to appropriate the government's budget based on the investment plan on concentrated industrial complex. They can strengthen the national competitiveness.

산업보안법 분류 체계현황과 개선방안에 관한 연구

남기연,박정인 한국산업보안연구학회 2022 한국산업보안연구 Vol.12 No.1

This study was intended to provide implications by examining how effective the system of the current Industrial Security Act is in protecting technology, which is the purpose of the law and system. The current Industrial Security Act system was operated centered on the government's work without integration among ministries such as the Ministry of Trade, Industry and Energy, the Korean Intellectual Property Office, the Ministry of SMEs and Startups, and the Defense Acquisition Program Administration. Therefore, laws and regulations were examined separately by technology type, such as the Unfair Competition Prevention and Trade Secret Protection Act, the Industrial Technology Leak Prevention and Protection Act, the Small and Medium Business Technology Protection Act, and the Defense Technology Protection Act. In particular, with regard to protection guidelines, the reality is that government guidelines for each field, such as the industrial technology protection guidelines of the Ministry of Trade, Industry and Energy and the defense technology protection guidelines of the Defense Acquisition Program Administration, continue to be created in the same way, without showing any specificity for each technical field. In other words, the current Industrial Security Act system has an Industrial Security Act system that selects a different legal response method depending on the type of technology. However, the actual industrial security law research system classifies technologies and responds mainly to the government's legal system, which raises doubts whether it is effectively responding to industrial security incidents. come. The Act on Prevention and Protection of Industrial Technology is the object of protection for industrial technology and national core technology, and the protection of technical information and business information in the Unfair Competition Act and Trade Secret Protection Act, and the Invention Promotion Act. The invention of employees is the subject of protection, and the Act on the Promotion of Coexistence of Small and Medium Enterprises protects technical and managerial information, the Foreign Trade Act protects strategic materials, and the Defense Technology Protection Act protects the defense industry technology. there is. As such, the current Industrial Security Act establishes a technology-oriented classification system for the Industrial Security Act and adopts a method in which the application of laws and regulations varies depending on the type of technology. will be. Thus, in industrial security, safety is concerned with efforts to prevent, detect, and respond to accidental damage, whereas security is claimed to prevent, detect, and respond to malicious damage. Therefore, in industrial security management, it can be said that it is a more efficient approach to analyze the cause of industrial technology leakage and remove it. A new legal response system was proposed in the Industrial Security Act as a response to the Industrial Security Act against technology leaks by unauthorized persons due to and illegal acts. There are three reasons why the industrial security law system should be established in response to illegal acts and the legal relationship behind intentional actions to access technology by further subdividing risks. First, it is more efficient to establish a security system in a way that eliminates problems by analyzing what kind of situation a person is in, and research on establishing a detailed security system suitable for each person's position is possible. In the case of those with the right to access industrial technology, if they attempt to leak various technologies, such as breach of trust and embezzlement, after accessing them through labor contracts, technology transfer contracts, joint ventures, and mergers and acquisitions contracts, which are legally related, tight security measures in the contract A detailed security plan for each contract, such as clarifying the person... 본 연구는 산업보안법 지원체계에 있어 효율적인 분류방안을 탐색하는 것을 그 목표로 하였다. 기존의 산업보안법 지원체계는 정부 부처의 행정주체 중심으로 접근하는 방법이 주요 흐름을 이루었다. 즉, 산업보안법은 정부부처의 행정주체에 따라 산업기술유출방지 및 보호법, 부정경쟁방지 및 영업비밀 보호법, 발명진흥법, 상생협력법, 대외무역법, 중소기업기술보호법, 방위산업기술보호법 순으로 체계화하였다. 그러나 실제 산업보안 사고를 예방하거나 보호하는 체계는 지식재산권과 기술보호의무(비밀유지의무, 경업금지의무) 중심의 대응체계가 필요하다는 비판을 피하기 어려워 기술유출에 대해 신속하고 효율적이며 전문성 있는 법제 대응은 아니라는비판을 받아왔다. 그리하여 본 논문에서는 현재 정부부처 행정주체 중심으로 체계화되어 있는 산업보안법 현황을 살펴보고 이에 대한 한계점을 제시한 뒤, 지식재산권과 기술보호의무를 중심으로 한 산업보안법 체계를 제안하여 보다 기술유출을 예방하는 효율적인 법적 대응체계를 마련 할 수 있도록하는 것을 목표로 한다.

첨단산업과 산업단지 조성

박종안(Park Jong-An) 조선대학교 지식경영연구원 2003 지역개발연구 Vol.8 No.1

Industrial crowd and specialization by the regional high technology industrial complex can maximize the synergy effect by economical effect and value chain in a dominant position, support the appropriate industrial environment that the industrial technology development by region technology renovation system construction and the product system of the flexible speciality. There are three common points to be found in the general selecting standards for upbringing high technology industrial business in Gwangju. First, the growth motive power of the globe promising high technology industry are; information technology industries, confrontation of industries due to advanced age, global environmental allied industries, and the undeveloped allied industries(such as new materials, mechatronics, space aeronautics, traffic industries, etc). Second, Nation wide promising high technology industry should be; industries based on 5-year plan with industrial technology development. industries based on national vision and development of the strategies. promising industry based on technology. Third, the regionally located industries and the specialized industries such as optical industries. The successful reasons of upbringing high technology industrial are supporting with high qualified human resources, good condition on circulating capital, perfect infra system, developing the consumer market. reliable circulation system, economical network system construction based on renovation, convenient shipping system construction, various tax benefits, neighboring districts civilization, etc. Thus, regional industry accumulating complex upbring the technology renovation high technology industries can increase the industries of international competitiveness, national industrial economic promotion, the consummation of provincial promotion and territorial balanced development, and right to appropriate the government's budget based on the investment plan on concentrated industrial complex. They can strengthen the national competitiveness.

산업기술유출 사건에서 산업기술의 개념과 형사책임에 관한 소고 -2011헌바39 결정을 중심으로-

하지현 ( Ji Hyeon Ha ),이헌희 ( Heon Hui Lee ) 단국대학교 법학연구소 2013 법학논총 Vol.37 No.4

With the evolution of technology, the society is witnessing increasing number of cases where domestic industrial technology is being leaked overseas. Such technology leak causes severe damage to the domestic industry, leading to an obstacle in the economic development of the country. Something important such as the protection of industrial technology is for sure facing tremendous limits if security is only left to a self regulated measure by individual businesses. Therefore, today it is essential for the government to intervene for industrial technology protection and a systematic legislation would be necessary in contributing for the improvement of the country`s competitive edge. Among the legislation regarding industrial technology protection, the definition of ‘industrial technology’ as described in the Industrial Technology Outflow Prevention and Protection Act has been rendered unconstitutional by the Constitutional Court of Korea. Such judgment was a confirmation that the penalty clause in accordance to the definition of industrial technology which is the very fundamental concept in the Industrial Technology Outflow Prevention and Protection Act is unconstitutional. The judgment rendered by the Constitution Court is a rule rendered regarding Act 36 Phrase 2 and Act 14 Phrase 1 of the pre-revised version of the Industrial Technology Outflow Prevention and Protection Law. The Constitution Court ruled that the provisions of the law are too abstract and indefinite where the concept could change easily due to the broad relativity of the valuation of the phrases. In other words, the current definition can`t give a definite boundary clear enough for the word ‘industrial technology’ to become a component of a criminal penalty. This means the boundary to define industrial technology becomes arbitrary which comes in direct violation with the principle of legality, the nulla poena sine lege. In accordance to such judgment, the clause lost effect, and it became impossible to bring criminal penalty against those accused of selling out domestic industrial technology. Therefore, this paper will study the concept of industrial technology and the related criminal penalty measures by discussing several cases that have been declared unconstitutional. It is in hopes that this paper could ring an alert to the importance of technology outflow.

산업기술 유출경로 연구

최응렬,송봉규,이영일,박경민 경찰대학 치안정책연구소 2012 치안정책연구 Vol.26 No.1

This study is to investigate the leaking paths of industrial technology, based on useful information obtained through interviewing professions. Participants in the interview were categorized into three groups. First, the members of Korean Industrial Security Association,especially professors and researchers were selected. Second group of participants were security managers or persons in charge in governmental institutions dealing with national technology. The last group was organized by police officers having experiences in investigate incidents related to industrial technology theft. E-mailing interviews were performed to the professionals. The results reveals that the leakage of industrial technology generally occurs inside and outside companies. In case of the inner outflowing of industrial technology, people such as technology manager, key researchers,staff, managers, retired workers mainly were potential violators. Whileas the external leaking were committed by contract company,cooperative company, competitor, participants in technological development. The methods of leaking information from insiders are used of (1). mobile phones, (2). mobile storage devices such as CDs and USB sticks, (3). internet, (4). swapping or duplicating hard drives of a company computer, and (5). digital cameras. Meanwhile,the external leakage were to be sought in (1). re-employment, (2.)mergers and acquisitions, (3). hacking, (4). online leaks, (5). joint research and fraudulent joint operations. Prevention measures to the leakage of industrial security technology resulted from the analysis of interviewing professions are as follows. First, since computer systems are the main means to technology theft, information security of institutions should be strengthened. Second, human resources management and performance management should be improved to prevent technology theft from insiders. Third, to enhance important industrial security factors such as performance management, industrial security level should be measured properly. 이 연구에서는 전문가들을 대상으로 산업기술 유출경로에 대해 조사하였다. 조사대상인 전문가는 산업보안과 산업기술유출에 관한 전문지식이 있는 한국산업보안학회 소속의 교수 및 연구원, 산업기술 중 국가핵심기술 보유기관의 보안담당자 또는 책임자, 산업기술유출 수사경험이 있는 전국 지방경찰청 외사과 소속 경찰관 등 3개 분야 전문가 집단으로 분류된다. 조사방법은 전자메일(E-Mail)을 사용하였다. 조사한 결과에 의하면 산업기술유출은 크게 기업의 내부와 외부에서 발생한다. 내부는 기술담당자, 핵심인력, 임직원, 관리자, 퇴직자 등 기업내부의 모든 구성원이었으며, 외부는 하청업체, 협력사, 경쟁사, 기술개발 참여자 등이다. 기업내부의 구성원들의 유출 방법은 ① 휴대폰, 스마트폰, ② CD, USB, 외장하드 등 이동식 저장매체, ③ 인터넷 이메일, 웹메일, 웹하드, 크라우드, ④ 업무용 컴퓨터 하드디스크 교체, 복사, ⑤ 디지털카메라 등이다. 외부에서는 ① 재고용, ② 기업간 M&A, 인수합병, ③ 해킹, ④ 사이버 유출, ⑤ 공동 연구 및 위장 합작 등이다. 분석한 산업기술 유출경로 분석을 바탕으로 산업기술유출을 방지하기 위해서는 다음과 같은 대책을 모색할 수 있다. 첫째, 산업기술 유출방법이 주로 컴퓨터시스템을 이용하기 때문에 산업기술 보유기관의 정보보호를 강화해야 한다. 둘째, 내부 구성원의 산업기술유출을 방지하기 위해서 인적 관리와 성과관리를 강화해야 한다. 셋째 성과관리 등 중요 산업보안요인이 향상되기 위해서는 산업보안수준이 제대로 측정되어야 한다.

4차산업혁명의 플랫폼화를 위한 과학기술법제의 체계화에 관한 연구

문현철(Hyeon-Cheol Moon) 한국컴퓨터정보학회 2019 韓國컴퓨터情報學會論文誌 Vol.24 No.2

Korea has the potential to lead the era of the Fourth Industrial Revolution, which succeeded in the information and communication revolution, including the establishment of an e-government.The Go match between humans and computers has led to the realization that humans are starting to live in a new era that they have never experienced before. In 2018, the Federation of Science and Technology Organizations conducted a recognition survey on "what is the most urgent thing?" in the era of the Fourth Industrial Revolution.As a result, it has been shown that the readjustment of the laws of science and technology is most urgent, so it is necessary to analyze the laws of science and technology. According to the research, more than 400 laws are diagnosed, and laws that serve as basic laws cannot lead the Fourth Industrial Revolution.The Framework Act on Science and Technology provides an emphasis on the promotion and management of R&D projects. When analyzing the regulations on "Development of Science and Technology Innovation System", "Basic Plan of Science and Technology", and "Comprehensive Plan for Promotion of Local Science and Technology", there is no suggestion of the Fourth Industrial Revolution. After all, a comprehensive analysis of the current Framework Act on Science and Technology indicates that it is in effect the R&D and Management Act. The "Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee" poses the problem of defining parliamentary legislation as administrative legislation.‘In addition, if we analyze the Smart City Act, the lack of logical links with the Framework Act on Science and Technology and the Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee is a major problem. In conclusion, in order to platform the Fourth Industrial Revolution, two improvements can be put forward. First, the Framework Act on Science and Technology shall be abolished to enact the National Research and Development Administration Act, and secondly, the Framework Act on the Fourth Industrial Revolution shall be enacted to absorb the contents of the Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee.

『산업기술보호법』상 산업기술 범위의 재정립

송동수,최영우 동아대학교 법학연구소 2022 東亞法學 Vol.- No.95

As technology advances and accelerates its advancement, industrial technologies become more recognized as an important assets of a nation for both economy and national security. Nowadays, obtaining industrial technologies has direct impact on nation power. As a result, nations put a lot of efforts to acquire industrial technologies, at times, aggressively. Countries have been attempting to, or been victims of, technology leakage through illegal means. And Republic of Korea was not an exception. In 2006, in order to protect industrial technologies from the leakage and exploitation, the ‘Act on Prevention of Divulgence and Protection of Industrial Technology’ was enacted. The law seeks to protect industrial technology from the illegal activities by punishing offenders of such crimes, putting regulations on exports, company acquisition and merges, and providing financial support for technology protection. The Industrial Technologies, that are eligible to be protected by the Act on Prevention of Divulgence and Protection of Industrial Technology, are listed in the law. However several problems could be found regarding the scope of industrial technology. For example, technologies that has no legal effects since 5 years ago is still on the list of industrial technology, even though there was a major change to national core technology, the law has not been amended and etc. This means that detailed management has not been carried out. To achieve the goal of the ‘Act on Prevention of Divulgence and Protection of Industrial Technology’, the first step would be establishing the scope of legal term ‘industrial technology’ properly. Therefore, in order to protect the interests of the nation, problems arising from the establishment of the scope of industrial technology shall be prioritized. The paper analyzes each industrial technology listed in the law and propose reformations that should be done in order to eliminate issues present in the current system. Such as broadening scope of industrial technology for certain articles and giving the Minister of Trade, Industry and Energy the obligation to regularly check the scope of industrial technology. 기술의 발전이 가속화되고 고도화됨에 따라서 산업기술은 국가의 경제와 안보에 중요한 자산으로 인식되고 있다. 오늘날 산업기술의 확보는 곧 국가의 경쟁력이 되기 때문에 각 국가는 이를 위하여 큰 노력을 기울이고 있다. 때로는 산업기술의 불법 유출 등과 같이 공격적인 방법을 통한 기술의 탈취도 이루어지고 있는데, 이러한 기술의 탈취와 유출로부터 산업기술을 보호하기 위하여 우리나라는 2006년 「산업기술보호법」을 제정하였다. 「산업기술보호법」은 산업기술 유출자를 처벌하고, 국가의 경제와 안보에 밀접한 관련이 있는 산업기술에 대해 수출 및 해외 인수․합병을 제한하는 등 엄격한 규제에 관한 내용뿐만 아니라 기술의 보호를 위한 금전적 지원 등과 같은 다양한 보호 규정을 마련하고 있다. 「산업기술보호법」에서는 이러한 규제와 보호의 대상이 되는 산업기술의 범위를 열거형식을 통해 규정하고 있다. 그러나 위헌적인 요소를 제거하기 위하여 개정된 산업기술의 범위는 오히려 산업기술의 보호 대상을 축소시키는 문제점을 야기하고 있다. 본 논문은 「산업기술보호법」에 열거된 산업기술을 분석하고 관련된 문제를 파악한 후, 이를 개선하기 위하여 산업기술의 범위를 규범의 특징에 따라 이원화시키고, 산업기술 범위의 타당성을 산업통상자원부장관이 정기적으로 검토하도록 하는 등과 같은 해결책을 제시하고 있다.

4차 산업혁명 신기술 활용은 기업의 경제적 성과로 이어지는가? - 중소기업에 대한 시사점

구한민(Hanmin Gu) 한국지역개발학회 2022 한국지역개발학회 학술대회 Vol.2022 No.11

The Schumpeterian hypothesis claims that enterprises are proportionally innovative as they grow in size,” but the results of the previous studies are mixed. Meanwhile, the application of new technologies of the Fourth Industrial Revolution implies another possibility for the claims. This study first establishes a research hypothesis on the causal relationship between the application of new technologies of the Fourth Industrial Revolution and the economic performance of enterprises based on the Schumpeterian hypothesis. I investigated the hypothesis using multi-year data from the Survey of Business Activities. To overcome endogeneity, a critical limitation of previous studies, I utilized the propensity score matching method using a potential outcomes framework for causal inference with a machine learning approach. The results of the empirical analysis are as follows. First, there are systematic differences in characteristics between enterprises that are using new technologies for the Fourth Industrial Revolution and enterprises that are not. Second, the number of enterprises that used the new technologies of the Fourth Industrial Revolution differs depending on their type, and enterprises that used these new technologies are generally using several technologies simultaneously. Third, the factors affecting the use of new technologies of the Fourth Industrial Revolution are similar to those revealed in previous studies. Fourth, there is a huge discrepancy in the propensity scores between enterprises that use new technologies of the Fourth Industrial Revolution and those that do not. Lastly, according to the estimation of the causal treatment effect, enterprises that apply new technologies of the Fourth Industrial Revolution are found to have annual revenue that is about 39% higher than those that do not. In this study, I proved the reverse causality of the Schumpeterian hypothesis that enterprises are proportionally innovative as they grow in size, and empirically confirmed that new technologies of the Fourth Industrial Revolution work within the mechanism of corporate innovation as a general-purpose technology. It presents appropriate implications for enhancing the sustainability and future competitiveness of small and medium-sized enterprises.

전략물자 반출입에 대한 법제도적 문제와 정책방안 -개성공단사업을 중심으로-

이장희 ( Lee Jang-hie ) 한국외국어대학교 법학연구소 2005 외법논집 Vol.18 No.-

Export control on strategic goods and technologies in Gaesong Industrial Complex is vital to success for the economic cooperation & exchanges between the South and North Koreas. There are legal issues on the three level regarding export control on strategic goods and technologies in Gaesong Industrial Complex; That is domestic, bilateral and multilateral level. On domestic level, there are Korean Foreign Trade Law & its Regulations and the United Stated Export Administration Act(1979 EAA) and its Export Administration Regulation(EAR). On bilateral level, there are a commerce and navigation treaty and a investment treaty. For example: Art 21,Para.21(d) of USA-Japan commerce and navigation treaty(1953); Memorandum of Understanding for protecting strategic goods and technologies between USA and ROK(1987). On multilateral level, there are COCOM(Coordinating Committee for Multilateral Export Controls), WA(Wassenaar Arrangement), NSG, MTCR and AG. Since 1996 WA replaced COCOM regarding export control on strategic goods and technologies. Since WA is not based on treaty or executive agreement but a gentleman's agreement. It is worth noting that almost all the international conflicts in connection with export controls on strategic goods and technologies, have been caused by the enforcement of US domestic laws, such as the Export Administration Act of 1979(1979 EAA). ‘1979 EAA' authorizes the President to control the export of any goods technologies subject to the jurisdiction of the United States or exported by any person subject to the jurisdiction of the Unites States. But the definition of strategic goods and technologies too ambiguous and broad to apply. The purpose of this study is to examine legal limits and to suggest policy tasks in international and domestic laws for solving legal conflicts concerning export control focused on Gaesong Industrial Complex. For the above purpose, this article treats: 1) General Review about International legal systems of export control on strategic goods and technologies including multilateral & bilateral legal level, 2) Korea- and USA export control systems on strategic goods and technologies in domestic legal level, 3) general legal review regarding export control on strategic goods and technologies in Gaesong Industrial Complex, 4) legal conflicts against rules of certificate of origin & MFN in the WTO, 5) International mortgage recognition for borrowing money on investment in Gaesong Industrial Complex, 6) Political tasks for solving legal problems regarding export control on strategic goods and technologies in Gaesong Industrial Complex.