정보보안(保安)의 규제 혁신에 대한 고찰- 산업기술의유출방지및보호에관한법률을 중심으로 -

Regulation is a sort of legal restrictions imposing sanctions(such as a fine) promulgated by government authority. Regulation mandated by a government attempts to produce outcomes which might not otherwise occur, produce or prevent out comes in different places to what might otherwise occur. Notwithstanding, Regulation is a sort of legal restriction, it is are justified using a variety of reasons. Regulatory Reform concerns improvements to the quality of government regulation, that is, reforming regulations that raise unnecessary obstacles to competition, innovation and growth, while ensuring that regulations efficiently serve important social objectives. The OECD has engaged in the research on regulatory reform since 1998 in the belief that inefficient regulations lower the economic growth of its member countries. In the past, Korea's regulatory structure was known to be excessively complex and inefficient. A comprehensive system for reviewing existing regulations were introduced. However, the OECD notes that Korea's regulatory reform is only on its track. From this point of views, this article examines thoroughly intelligence security as one of special administrative regulations and the epoch-making real regulatory reform or deregulation. Generally speaking, intelligence security, a form of defensive counterintelligence which is starting by looking for places in one's own organization that could easily be exploited by foreign intelligence services is not sufficient for the protector of a trade secrets of a company. Regardless of its bona fides, sometimes it can function by mistake as a sever regulation. From this point of view, this article tests the legal character of intelligence security through the study of the 1998 decision of U.S. Senate Committee on Governmental Affairs who had concluded that secrecy is a form of regulation. Therefore, this article is concerned whether the existing “the Act on Prevention and Protection Industrial Technology” is against the constitution or not, because of the excessive restrictions on the private sector by government power with the name of intelligence security. Finally, as an landmark big improvement in regulatory reform, this article recommends that Korea government should amend the Framework Act on Administrative Regulations and Act on Prevention and Protection Industrial Technology with the eliminating or mitigating the strict restriction regarding industrial secrets of a private economy body by amending the exception clause of intelligence security as one of exception of administrative regulations.