직무발명 관련 과학기술연구자의 권리 보호 ― 산업기술의 유출방지 및 보호에 관한 법률과 부정경쟁방지 및 영업비밀 보호에 관한 법률을 중심으로 ―

There are little criminal punishment those who steal or get away with industrial or technological secrets in respect of existing laws such as criminal law, intellectual property law and unfair competition prevention law. Currently, the Ministry of Trade, Industry and Energy made an industrial espionage prevention act to prevent further leakage of its manufacturing technology and protect trade secrets. The aim of this law is to punishing economic espionage industrial spies and to prevent criminal activities concerning the theft of technology and trade secrets. However, most technologies are created by employees who are working for companies. It has long been supported by employee invention to make an progress of science and technology. Thus, this industrial espionage prevention act should consider to balance interest between employers and employees. In conclusion it is very important to establish standard to resonable compensation in industrial espionage prevention act to protect right of researchers.