산업기술침해행위에 대한 형사법적 대응방안에 관한 고찰 - 일본의 관련법제인 부정경쟁방지법을 중심으로 -

Today, with the rapid development of the knowledge-intensive economy, there is a growing tendency to place emphasis on industrial technology information such as trade secrets, intangible assets. Especially, technical information is difficult to secure the evidence of criminality and evidence because of the nature of intangible information and it is difficult to prove it in trial process because of expertise. Therefore, both Korea and Japan are strengthening criminal regulations through the improvement and expansion of relevant legislation. The recent legislative situation reflects this tendency, which emphasizes not only the economic aspects of industrial technology information but also aspects of national security and national economy. However, amendments to the law with only the social and national interests in mind are likely to cause many problems. For example, recent trends toward punishment as dangerous offenders threaten the principle of last resort and complementarity of the criminal law and, as a result, can arbitrarily limit the freedom and rights of the people. There is also the possibility of threatening human rights to life by overly restricting freedom of choice. Based on these considerations, this paper will focus on the "Unfair Competition Prevention Act", which is a Japanese law that regulates infringement activities such as industrial technology and the opinions of academics discussed in the revision process, We will also look into the future issues while comparing and reviewing them.