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학술논문경찰학연구2014.09 발행KCI 피인용 8

산업스파이 및 M&A에 따른 산업기술유출 대응방안에 관한 법적 연구

A Legal Study on the Industrial Outflow Countermeasure of the Industrial Espionage & Merger and Acquisition(M&A)

이준복(서경대학교)

14권 3호, 89~120쪽

초록

The information of industrial technology and the value of intellectual property that company holds has been increasing in process of time and it is also true that related-crime is on rise in various ways. Industrial espionage has been conducted in every fields of industry now. Especially in case of industrial technology outflow crime, people secretly commit a criminal act without guilty. so here it is, It is characterized that It is difficult to trace the security of evidence as well as to recognize a crime act. National Assembly advances the development of national economy and national security by preventing the illegal industrial technology outflow and by enhancing competitiveness of the domestic industry. However, as can be seen from the recent case, It is strongly desired that there is need for advanced prevention measure and preparing a countermeasure for the post-industrial technology outflow crime quantitatively as well as qualitatively. As Korea dominated the world market with the highest level of technology in advanced semiconductors, mobile phones, LCD, Car, we need to face up to the reality that the attempt of technology outflow in major competing country has been increasing in my ways. Thus, in case of Merger and acquisitions of foreign companies, a similar case is likely to occur not to protecting our valuable industrial technology. In this point, the research to Merger and Acquisition is needed on protection of industrial technology from legal viewpoint which is an issue of the first importance. Equally, the problem of industrial technology outflow by industrial espionage should be examined thoroughly. In this article, considering the possibility to connect to the international problem, not to be limited to domestic issues, I constantly try to find various measures and to consider the international cooperation.

Abstract

The information of industrial technology and the value of intellectual property that company holds has been increasing in process of time and it is also true that related-crime is on rise in various ways. Industrial espionage has been conducted in every fields of industry now. Especially in case of industrial technology outflow crime, people secretly commit a criminal act without guilty. so here it is, It is characterized that It is difficult to trace the security of evidence as well as to recognize a crime act. National Assembly advances the development of national economy and national security by preventing the illegal industrial technology outflow and by enhancing competitiveness of the domestic industry. However, as can be seen from the recent case, It is strongly desired that there is need for advanced prevention measure and preparing a countermeasure for the post-industrial technology outflow crime quantitatively as well as qualitatively. As Korea dominated the world market with the highest level of technology in advanced semiconductors, mobile phones, LCD, Car, we need to face up to the reality that the attempt of technology outflow in major competing country has been increasing in my ways. Thus, in case of Merger and acquisitions of foreign companies, a similar case is likely to occur not to protecting our valuable industrial technology. In this point, the research to Merger and Acquisition is needed on protection of industrial technology from legal viewpoint which is an issue of the first importance. Equally, the problem of industrial technology outflow by industrial espionage should be examined thoroughly. In this article, considering the possibility to connect to the international problem, not to be limited to domestic issues, I constantly try to find various measures and to consider the international cooperation.

발행기관:
경찰대학
DOI:
http://dx.doi.org/10.22816/polsci.2014.14.3.004
분류:
법학

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산업스파이 및 M&A에 따른 산업기술유출 대응방안에 관한 법적 연구 | 경찰학연구 2014 | AskLaw | 애스크로 AI