국제 M&A와 첨단기술유출방지에 관한 법제도연구 -사례연구를 중심으로-

To protect high-technology from espionaging by foreigners or exporting to foreign enterprises or countries, the U.S. enacted the Exon-Florio Act. Before 1990s Korea was a importing country of high-technology. However, after 1990s Korea is one of exporting countries of high-technology including Information technology. Recently, our high technology is unvoluntarily and frequently espionaged by or exported to foreigners. Therefore, it is necessary to protect our high-technology from espionaging by or exporting to foreign countries. Other than the U.S., countries adopt acts like the Exon-Florio Act and protect there high-technology from espionaging by or exporting to foreigners. Among the protecting ways of high-technologies from leaking to foreigners, I review the legal protection system of other countries, which will have closed economic relationship with Korea, than the U.S. from the control or ownership of enterprises having high-technologies with M&A by foreigners' FDI, Legal systems of China, which is geographically and economically closed to Korea, India, having Comprehensive Economic Partnership Agreement (CEPA) with Korea, Canada and Australia, having abundant natural resources and sooner or later having FTA with Korea, are discussed. Those countries have a system to foreigners owning or controling their enterprises having critical technologies based on the legal system of the U.S.'s Exon-Florio Act. However, limiting FDI by foreigners is an exceptional case, not a common case. Limiting FDI by foreigners will provide uncertainty to foreign investors and discriminate foreigners. Then it results in diminishing foreign investment. However, the legal system for protecting high technologies from leaking out is necessary because it will protect high-technology just in case. Therefore, we should consider adopting a government review system to take over our enterprises like the system the Exon-Florio provides.