영업비밀보호법과 산업기술보호법의 관계에 대한 연구 - 일원화 논의에 대한 비판적 고찰 -

Both Trade Secret Act an Act on Prevention of Divulgence and Protection of Industrial Technology(Industrial Technology Protect Act) are laws regulating the technology leakage. In particular, Industrial Technology Protect Act plays a major role in the protection of industrial technology, which was introduced in order to overcome the limitations of Trade Secret Act. However, it is claimed that the relation between Trade Secret Act. Trade Secret Act and Industrial Technology Protect Act have to be explained and they should be integrated. But the grounds that this two laws have to be integrated are just the limits of trade secret that showed in the process of the introduction of Industrial Technology Protect Act. Consequently, those grounds aren't appropriate to the basis of the integration between Trade Secret Act and Industrial Technology Protect Act. To the contrary, there is a big difference between them in the aspect of the concept factor of protecting objectives, the principle of protecting, the method of protecting, and the benefit and protection of the law. So, if they are chained as only one law, it will be a cohabitation. Finally, this paper asserts that the two laws have to be existed independently and respond to the leak of technology with helping each other.