일본의 기술유출방지에 대한 대응방안* 4) 2017년 10월 1일 시행하는 外為法 을중심으로

• 영문명: Measures against Japanese technology leakage
• 발행기관: 세창출판사
• 저자명: 윤선희(Yun, SunHee)
• 간행물 정보: 『창작과 권리』2017년 가을호 (제88호), 57~77쪽, 전체 21쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.09.30

영문 초록

In order to escape from the economic recession, the Japanese government has come up with an era of knowledge creation and an Intellectual Property-Based Nation by strengthening technology development and establishing policies to strengthen intellectual property rights. Whenever technology information is leaked overseas, the international competitiveness of the company is weakened, the national strategy for intellectual property is disrupted, and moreover the status of the country as a technology-based nation is threatened. In this regard, Japanese government is examining technology leakage from the national point of view with regard to technology that can be converted to military use, industrial espionage, the purchase by foreign investors, etc., and the private sectors are examining technology from a business management perspective. As such various countermeasures against outflow of technology are being prepared in close cooperation of the administration, the legislature and the private sector in Japan. These movements are evident in the recent passage of the related legislation in the face of the Toshiba s memory chip business sale. Some amendments to the Foreign Exchange and Foreign Trade Act (“Foreign Law”) were approved by the Cabinet on March 3rd this year to submit to the National Diet, passed through the House of Representatives on May 17th, and passed at the plenary session of the House of Councilors on May 17th, and promulgated on May 24th. In general, it takes more time to enact and amend the law in Japan comparing to Korea. However, it is meaningful to note that the cooperation of the ruling and opposition parties for the enactment of this bill in face of the Toshiba s sale is showing the clear case that there is no separate party for the national security.

목차

Ⅰ. 서

Ⅱ. 관련기사의 진위 여부

Ⅲ. 법적 근거 및 내용

Ⅳ. 시사점

키워드

외국환 및 외국무역법(외환법) 사적독점금지 및 공정거래확보에 관한 법률(독점금지법) 대외무역법 산업기술유출방지법 기술유 출방지지침, 기술유출 Foreign Exchange and Foreign Trade Control Law (Foreign Exchange Control Law) Act on Prohibition of Private Monopolization and Maintenance of Fair Trade Foreign Trade Law Industrial Technology Spill Prevention Act, Instructions for Preventing Leakage of Technology Technology Outflow