대만 개정 국가안전법에 관한 공법적 고찰 - 국가핵심기술 유출방지에 관한 사항을 중심으로 -

In modern society, the high-tech industry technology has not only had technical and economic value, but has also become a core asset that affects the survival and economic security of the country. Major countries have begun to strengthen legal supervision and crack down on industrial espionage. Taiwan has also strengthened its relevant legal system with the global development trend. The National Security Law has been revised in 2022. The leakage of national core technology constitutes economic espionage and should be severely punished. In addition, by revising the Cross-Strait Relations Regulations to restrict personnel with core technology from visiting the mainland, technology leakage has been prevented from the personnel exchange. In contrast, Korea has repeatedly discussed expanding the scope of the espionage in order to strengthen the punishment of industrial espionage, but has not yet implemented legislation. This paper deeply analyzes the controversial focus of the economic espionage in Taiwan's National Security Law, providing implications for the formulation of laws to protect national core technology. Although the discussion mainly focuses on strengthening punishment and preventing the leakage of national core technology from the perspective of criminal law, the relevant regulations on the protection of national core technology in Taiwan's National Security Law include various public law elements in addition to the criminal law provisions. Especially regarding the designation and procedure for changes of the national core technology, as well as the protection measures to prevent technology leakage, it also includes issues such as infringement and compensation caused by restrictions on the export and transfer of the national core technology. This paper focuses on the following three points for discussion. Firstly, explore the background and legislative intention of the revision of Taiwan's National Security Law. Study the legal measures taken by the Taiwan government to prevent the leakage of national core technology under the pretext of the National Security Law. Secondly, we will discuss the concept and scope of national core technology as the core of amending the law, and conduct a detailed study on infringement behavior and punishment regulation. Finally, focus on analyzing the controversial points related to the public law that includes the regulations to prevent technology leakage . This paper agrees that the punishment should be strengthened to protect and prevent the leakage of national core technology. Advocates observing the principle of rule of law to safeguard the property rights of enterprises from infringement and minimize the scope as much as possible. Emphasizes improving the certification of national core technology and the compensation system.