하도급거래 관계에 있어서 기술탈취행위에 대한 피해구제 실효성 확보방안

Although Fair Transactions In Subcontracting Act prohibits technology extortion, it is difficult to eradicate technology extortion in that the subcontracting relationship is a special one. However, once the technical data is leaked, the value of the technical data in question decreases significantly and cannot be reversed. In other words, technology extortion has an irreversible nature. Therefore, prompt response is important in the event of an infringement. In particular, it is important to immediately block the spread of infringement, or to request a ban on concerns of obvious violations. However, the current Fair Transactions In Subcontracting Act does not stipulate the right to claim a ban. It is also questionable whether the order is being used well among the Fair Trade Commission’s corrective actions. Therefore, in this study, a review was conducted focusing on the right to claim prohibition against technology extortion. Accordingly, Measures were reviewed to effectively block technology extortion by using corrective orders of Korea Fair Trade Commission. And the interpretative and legislative measures for the application of the right to claim prohibition were presented.