기업의 영업비밀에 대한 형사법적 보호 - 부정경쟁방지및영업비밀보호법을 중심으로

• 영문명: Criminal law protection for Trade Secrets of an Enterprise
• 발행기관: 한국형사법학회
• 저자명: 최호진(Choi Ho-Jin)
• 간행물 정보: 『형사법연구』형사법연구 제25권, 379~402쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.06.01

영문 초록

  21st century, The time of unlimited competition can express information war. There are increasing companies which have been damaged by a leakage of own technology. They exert themselves to collect information on national security and advanced science technology while they enact laws and regulations to protect themselves from losing such information. Enforcement of the Korean laws and regulations is limited only to some violations on the collection of such information.
  Therefore, it is necessary for the Korean government to revise the relevant laws and regulations for the effective enforcement on the industrial spies. The study is to review the information on the types of the activities of industrial spies and the condition of industrial information protection of the Korea.
  In addition, the study reviews the "Unfair Competition Prevention and Trade Secret Protection Act" which was revised in 2004, Jan. The Act prescribes concrete types of the acts of infringing on trade secrets. The Act defines trade secret as any technical or operational information useful for any production and sale methods and other business activities, which is not known to the public, has an independent economic value, and has been maintained in secret by considerable effort.
  However, many remain unclear as to the scope, purpose and practical application of the Act. This study will help you understand the concept of the industrial spy and introduce the guidelines to protect the benefit of our national property and ourselves. Especially, the study reviews the problems on the protection of the industrial information in Korea. It is intended to provide practical advices and guidance concerning the litigation of trade secret disputes. The study begins by discussing the Act that are available for the protection of trade secrets. It also discusses briefly the criminal statutes relating to the theft of trade secrets. Finally, The study provides some advices in the revision of the Law.

목차

Ⅰ. 서설
Ⅱ. 부정경쟁방지법상의 영업비밀의 개념
Ⅲ. 영업비밀의 구성과 구체적인 예
Ⅳ. 형법상의 영업비밀보호규정
Ⅴ. 부정경쟁방지법상의 영업비밀침해행위에 대한 형사 처벌
Ⅵ. 부정경쟁방지법의 해석상 문제
[Abstract]

키워드

영업비밀 경제스파이 산업스파이 영업비밀절도 Trade Secrets Economic Espionage Industrial spy Thefts of Trade Secrets