국가핵심기술의 해외유출 시점에 관한 법적연구* ** -산업기술 유출방지 및 보호에 관한 법률을 중심으로-

ITPP Law was established on April 28, 2007 for the purpose of prevention of illegal transfer and protection of national core technologies. The ITPP Law includes several rules such as policies and process schemes to accomplish of the purpose, prevention and protection rules of industrial technologies, support scheme of R&D and base construction, establishment scheme of a dispute control committee, and penal and conspiracy regulations. EEA(Economic Espionage Act) and Exon-Prolio Provision of the united states are supporting to give informations for the basic concept guideline to understand the new ITPP Law. The national core technology means the technology developed under support from government R&D agency. The illegal transfer of the national core technology happens in the case of export of the technology to an abroad corporation by means of sale or transfer without approval from MOCIE(Ministry of Commerce, Industry and Energy) minister. Here, the export of a technology takes place by means of sale or transfer under contract between national person(or corporation) and abroad person (or corporation). The sale and the transfer of the national core technology are clearly classified each other in the technology transfer in ITPP Law. The national core technology in ITPP Law could be registered through the committee investigation of MOCIE and beyond the purpose this thesis because the field is so broad. However, it is very important thing in deciding the time at which a technology transfer contract is signed, the technology is reported or applied for approval, or the technology actually exported. Transfer of technologies could be made at the time of the transfer contract signed, yet the result of a report or approval to export the technology is holding at MOCIE. Therefore, there would be time differences between the contract and the result of approval or actual export making illegal transfer of the signed technology. In other words, deciding when the legal transfer could be made under the time differences without illegal transfer of the technology is very important. Instead of a big economic benefit through the abroad transfer of a national core technology, the possibility of threaten in national security and national economic growth should be considered. However the developer of the technology pursue strongly the big economic benefit even though the ITPP Law exist. By the benefit, the developer will be sunk in a risk to be a industrial espionage after signing on a transfer contract because of the time difference. Therefore, grace period should be made for legal transfer during the time difference. This article is to study the legal transfer time of a national core technology for proper time of the transfer under several situations such as the time of contract, the time of applying for export report or approval or actual export of the technology.