국제무기거래시 기술이전의 확보 방안 - 계약 체결 과정을 중심으로 -

Recently, the media is focusing on the technology transfer issue of the K-FX program, a program which aims to develop a Korean fighter jet by domestic companies. This issue arises because the U.S. government has refused to issue export licenses for four technologies which were supposed to be transferred from a U.S. company so that there occurs uncertainty regarding success of the KF-X program. The reason why many Koreans are so worried about the issue is that it may give direct impact on national security. Therefore, in order to contribute to reduce those worries, I want to use an approach of how both of the Korean government and companies can secure technology transfer effectively when they enter into a purchase agreement for arms with foreign companies. This approach will especially focus on such legal perspectives as contracting process and application of laws and regulations. To secure planned technology transfer, the first thing is, if possible, to check, before the purchase agreement is made, whether it is possible or not to acquire an export license. Secondly, it is necessary to clarify and include those penalty rules of liquidated damages and transfer of alternative technologies in the purchase agreement. Thirdly, it is necessary for legal experts to thoroughly review entire steps of contracting process. I think the Korean government may need to take into account the utmost importance of making a purchase agreement “well” with respect to setting down of future disputes such as nonperformance of technology transfer. Also, the Korean government may need to give active support as well as close management and supervision to domestic companies as if the purchase agreement is a “treaty”.