영업비밀 침해죄에 대한 형사책임에 관한 소고

Provisions related to criminal liability on infringement on trade secrets are differently regulated based on condition of each country. However, the need for trade secrets protection is increasing continuously and with this trend, developed countries are strengthening protection condition and level of punishment. This research tries to compare tries to compare penalty regulation of major countries on infringement on trade secrets around the recent revised law and draw legal implications on present law for protection of trade secrets in Korea. In case of Korea, it has relatively high standard of criminal liability compare to other major countries. This criminal liability include high level of imprisonment, fine, and criminal punishment. However, as outflow of trade secrets is related to threatening of not only the company but also to the existence of a nation and thus, it is considered to be an appropriate protection level. One thing about Korea regulation is that it does not have any specific regulation on confiscation. It seems it is required to have regulation on confiscation to allow effective assistance on confiscation related issues. This will lead to more effective protection of trade secrets.