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정보절도범죄에 관한 실효적 대응방안 -특히 2015년 일본 부정경쟁방지법 개정법의 내용을 중심으로-
도중진(TOH JOONG JIN) 한국형사정책학회 2016 刑事政策 Vol.28 No.1
There could be some discussion of criminalization as the spying or computer hacking continues, and lifetime employment falls and debates between company and employee are increasing. On the revised Act 2003, penalty on trade secret piracy was added. On the revised Act 2005, penalty on retired employee’s leaking of trade secret and dual liability on corporate body were also added. Also, the Act 2005 fortified punishment of foreign criminal and second acquisitor as Principals. In 2015, the Act erased the punishment of attempted and personal accusation in Infringement on Secrecy and punished additionally usage of trade secret in abroad and founded the randomly forfeit of corruption profits. On this paper, I would consider effective measures on information theft(Infringement on Secrecy) on Unfair Competition Prevention and Trade Secret Protection Act based on analyzing the Japan’s Unfair Competition Prevention’s revision trend and Japan’s judical precedent.
도중진(Toh Joong-Jin) 한국형사법학회 2008 刑事法硏究 Vol.20 No.1
Illegal profits made from drug, organized and money-laundering crimes are used to maintain and reinforce criminal organizations or are laundered and reinvested in legitimate or illegitimate businesses. To completely remove the economic factors causing such crimes, the offenders should be deprived of all the economic profits they have made from crime. Article 7 of the FATF Forty Recommendations suggest that each nation enact a legislation similar to the corresponding article of the Vienna Convention so as to confiscate laundered assets, benefits made from money-laundering, instruments that are used or to be used for money-laundering, and any other assets equivalent to those assets. The current criminal law, however, stipulates that only the assets resulting or obtained from criminal acts are subject to forfeiture, leading to problems such as the very narrow range of confiscatable assets and the need to prove that the assets to be confiscated have been obtained from or related to a certain crime. Those problems make difficult the complete deprivation of criminal profits. Below comes an overview of the problems with our forfeiture laws, followed by an exploration of the possibility of employing the civil forfeiture scheme of the Anglo-American legal systems and a discussion of ways for improving our forfeiture scheme. Prior to employing a new forfeiture scheme, it is required to find ways to balance law enforcement agencies" active and effective crime control through deprivation of criminal profits with the protection of citizens" property rights.