과학기술진흥법제의 체계적 고찰

• 영문명: A Study on Structure of Legal System for Promotion of Science & Technology
• 발행기관: 충북대학교 법학연구소
• 저자명: 손경한(Sohn, Kyung Han)
• 간행물 정보: 『과학기술과 법』제1권 제1호, 75~128쪽, 전체 54쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.06.30

영문 초록

In this paper, I theoretically categorized various Korean legislations for promotion of science & technology (“S&T”) and examined legal meanings of each statute thereunder. Legal system for promotion of S&T can be, in the process of research & development (R&D) and utilization of S&T, divided into three categories of (ⅰ) legislation for innovation in S&T, (ⅱ) legislation for protection of S&T, and (ⅲ) legislation for management and exploitation thereof. The legislation for innovation in S&T can be divided into (ⅰ) legislation for innovation infrastructure, (ⅱ) legislation for innovation in basic technology, and (ⅲ) legislation for innovation in applied technology. The legislation for innovation infrastructure means the laws that provide the directions and policies of a state, a research institution, or an enterprise for its innovation in S&T and construct its infrastructure for R&D. According to the stage of application of S&T, legislation for innovation in basic technology means legislation for R&D of pure science, applied science, and basic technology while legislation for innovation in applied technology means legislation for R&D of the technology applied to actual industry and social life. The legislation for protection of S&T is composed of two parts; (ⅰ) intellectual property law, a private law system that enables the government to promote R&D without pecuniary expenditure by granting an exclusive right to S&T, and (ⅱ) all administrative law systems for protection of S&T which include legal system for protection of technological measures. The legislation for management and exploitation of S&T is a legal system that accumulates and manages achievements in S&T and promotes utilization of the achievements such as transfer or commercialization of technology. As to the legal system for promotion of S&T, it is necessary to establish a legal system that aims at innovation in S&T without overlooking the dignity and values of human being, protection of privacy, guarantee of environmental rights, and so forth. In this perspective, the Science & Technology Basic Act (“STBA”) can be highly appreciated in that it has provided a base to significantly enhance the Korea’s level of science & technology, for example, by declaring the fundamental idea of science & technology law, but still it stands on being science and technology promotion for mankind. However, the STBA exposes many problems in the legal system in that it was enacted only in 2001 which is later than enactment of other special statutes for science and technology promotion. For the short term, government and institutions for science and technology must keep in mind that, when they establish and proceed with the National Basic Science and Technology Plan, they must pay attention to realizing the science and technology policies where the fundamental idea of the STBA flows through. In the long term, they must systemize the legislations for promotion of science & technology under the fundamental idea and theory therefor, and further, must set up a legal system to protect both the efficiency of investment in R&D for science and technology and the dignity of human being.

목차

Ⅰ. 서론

Ⅱ. 과학기술혁신기반법제

Ⅲ. 과학기술연구개발법제

Ⅳ. 과학기술보호법제

Ⅴ. 과학기술 관리활용법제

Ⅵ. 국가기술표준법제

Ⅶ. 결론

참고문헌

키워드

과학기술진흥법 과학기술혁신법 과학기술보호법 과학기술관리활용법 과학기술기본법 technology innovation law intellectual property management of technology Science & Technology Basic Act