국제 사이버 산업스파이: 국제법적 대응을 중심으로

Today, cyber activity is becoming more and more central to social functioning. In line with changes in the ICT and cyber-based industrial structure, cyber industrial espionage, which involves hacking corporate and government systems or attacking them with viruses in order to steal trade secrets and other data, is increasing at an unprecedented rate. In order to effectively respond to international cyber industrial espionage, the international community must first recognize that cyber industrial espionage poses a serious threat to the economic interests of companies and countries and the international free trade system. The development of an international law prohibiting the theft of intellectual property, including trade secrets, in international cyber space will contribute to the establishment of a more stable international economic order. In particular, in order to agree on a global international legal order of anti-cyber industrial espionage that can secure long-term economic prosperity supported by economic security, states should not be bound by their narrow national interests. In a situation where cases, damages, and risks of international cyber-industrial espionage are rapidly increasing, the international community must promptly innovate the currently insufficient prevention and punishment system and international responsibility rules under international law. First, this paper proposes the adoption of the ‘Convention on International Cyber Industrial Espionage’ as a global treaty that stipulates the following; ① Uniform and specific definition of international cyber industrial espionage; ② Prohibition of state or state-sponsored international cyber industrial espionage as an international obligation; ③ The contents and scope of application of rules under customary international law, such as the principle of non-interference, territorial responsibility, and due diligence, are specifically stipulated in relation to international cyber-industrial espionage; ④ States parties are obliged to legislate domestic laws to prevent and punish international cyberindustrial espionage by non-state actors; and ⑤ Regulates the universal jurisdiction of the state for the punishment of cyber crimes such as serious international cyber industrial espionage. Recognition of the principle of universal jurisdiction for the punishment of international cyber industrial espionage is necessary in order to ensure the international effectiveness of the punishment given that the cyber domain has little relevance to national territories. Of course, it is judged that a State party whose infrastructure for connection to cyberspace exists within its territory can expand its territorial jurisdiction and punish cyber industrial espionage according to its domestic law. It is necessary to specify the triggering conditions, means, and scope to suit the characteristics of international cyber-industrial espionage so that the victim state can effectively trigger countermeasures under the international liability rules. In addition, standards to prevent abuse of countermeasures should be established. The TRIPs Agreement needs to be supplemented in a way that specifically and clearly stipulates the obligation to prevent foreign trade secret theft by international cyber industrial espionage within the territory of a WTO member state.