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학술논문비교형사법연구2013.12 발행KCI 피인용 14

산업기술 유출 수사사례와 관련 문제점 검토

A Study of Cases and the Problems of Investigaton Industrial Technology Outflow

이기수(경찰대학)

15권 2호, 579~602쪽

초록

Outflow of industrial technology has become recognized as a problem of the national economic security from an issue that would determine the rise and fall of an enterprise. At this point of time, we should shift the paradigm of the national policy to cope with industrial technology outflow, establish an organization exclusively in charge of the industrial technology outflow at the government level, and reestablish a high rank goal of detecting professional spies supported by a foreign country or enterprise and protecting the domestic industrial technology. In addition, we should carry out revision of laws fast reflecting the development of industrial technology and prevent a blank of punishment by which victim of an industrial technology outflow cannot be punished. In the punishment of a law court, the examination of an offense should be appropriate by setting up the criteria for the estimation of the amount of damage more objectively and reasonably and make efforts to raise the penalty to the level of effectiveness, which currently is ‘only a slap on the wrist.’Along with this, for the stronger punishment of a crime, investigative institutions’ manpower for industrial technology outflow should be increased, and through developing professional investigation techniques like digital forensic and promoting the expertise of investigators, dispensation of justice to the crimes and intimidating preventive effects of punishment should be maximized. Through the implementation of the above measures, the effectiveness of criminal punishment will be secured. Lastly, the government, enterprises and individuals should recognize the importance of the protection of industrial technology and cooperated with each other through sharing information and establishing a joint industrial security system to make efforts to protect the industrial technology in which enormous efforts have been invested in its entirety and connect that to economic development and the national development.

Abstract

Outflow of industrial technology has become recognized as a problem of the national economic security from an issue that would determine the rise and fall of an enterprise. At this point of time, we should shift the paradigm of the national policy to cope with industrial technology outflow, establish an organization exclusively in charge of the industrial technology outflow at the government level, and reestablish a high rank goal of detecting professional spies supported by a foreign country or enterprise and protecting the domestic industrial technology. In addition, we should carry out revision of laws fast reflecting the development of industrial technology and prevent a blank of punishment by which victim of an industrial technology outflow cannot be punished. In the punishment of a law court, the examination of an offense should be appropriate by setting up the criteria for the estimation of the amount of damage more objectively and reasonably and make efforts to raise the penalty to the level of effectiveness, which currently is ‘only a slap on the wrist.’Along with this, for the stronger punishment of a crime, investigative institutions’ manpower for industrial technology outflow should be increased, and through developing professional investigation techniques like digital forensic and promoting the expertise of investigators, dispensation of justice to the crimes and intimidating preventive effects of punishment should be maximized. Through the implementation of the above measures, the effectiveness of criminal punishment will be secured. Lastly, the government, enterprises and individuals should recognize the importance of the protection of industrial technology and cooperated with each other through sharing information and establishing a joint industrial security system to make efforts to protect the industrial technology in which enormous efforts have been invested in its entirety and connect that to economic development and the national development.

발행기관:
한국비교형사법학회
DOI:
http://dx.doi.org/10.23894/kjccl.2013.15.2.023
분류:
법학

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산업기술 유출 수사사례와 관련 문제점 검토 | 비교형사법연구 2013 | AskLaw | 애스크로 AI