산업보안 기술 보호의 철학적 배경과 양형인자의 방향성에 관한 논의

The purpose of this paper is to examine the legitimacy of industrial security crime in the philosophical context and to examine the actual situation in which punishment is applied through the sentencing guideline. In the philosophical background, this paper introduced Locke’s labor theory, Hegel’s personality theory, utilitarian view, economic perspectives, and contemporary property rights. Based on this discussion, the sentencing guideline for theft was mainly compared with the sentencing guideline of industrial security crime (unfair competition behavior, trade secret infringement). As a result, this paper found that the sentencing guidelines for unfair competition behavior and trade secret infringement were composed of the same factors as the theft guideline. However, industrial security crimes differ from existing criminal law regimes as individual laws. It has a professional legal characteristic in that it uses subject- oriented and technical terminology and regulates scientific behavior. In summary, based on these results, this paper says that the sentencing factors for industrial security crime could be revised to reflect the characteristics of specialized law and the specialized characteristics of industrial security criminal behavior. The directions and suggestions for the specific sentencing standards would be discussed in the text of the paper.