기술침해 행정조사의 실효성 제고를 위한 분쟁조정 방안

• 영문명: Methods to Introduce Criminal Remedies to Enahnce Effectiveness of Administrative Technology Misappropriation Investigation
• 발행기관: 한국중재학회
• 저자명: 강병수 김용길 박성필
• 간행물 정보: 『중재연구』제32권 제4호, 53~85쪽, 전체 33쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2022.12.31

영문 초록

Small and medium-sized enterprises (“SMEs”) are vulnerable to trade secret misappropriation. Korea's legislation for the protection of SMEs' trade secrets and provision of civil, criminal, and administrative remedies includes the SME Technology Protection Act, the Unfair Competition Prevention Act, the Industrial Technology Protection Act, the Mutually Beneficial Cooperation Act, and the Subcontracting Act. Among these acts, the revised SME Technology Protection Act of 2018 introduced the “administrative technology misappropriation investigation system” to facilitate a rapid resolution of SMEs' technology misappropriation disputes. On September 27, 2021, Korea's Ministry of SMEs announced that it had reached an agreement to resolve the dispute between Hyundai Heavy Industries and Samyeong Machinery through the administrative technology misappropriation investigation system. However, not until 3 years and a few months passed since the introduction of the system could it be used to resolve an SME's technology misappropriation dispute with a large corporation. So there arose a question on the usefulness of the system. Therefore, we conducted a comparative legal analysis of Korea's laws enacted to protect trade secrets of SMEs and to address technology misappropriation, focusing on their legislative purpose, protected subject matter, types of misappropriation, and legal remedies. Then we analyzed the administrative technology misappropriation investigation system and the cases where this system was applied. We developed a proposal to enhance the usefulness of the system. The expert interviews of 4 attorneys who are experienced in the management of the system to check the practical value of the proposal. Our analysis shows that the lack of compulsory investigation and criminal sanctions is the fundamental limitation of the system. We propose revising the SME Technology Protection Act to provide correction orders, criminal sanctions, and compulsory investigation. We also propose training professional workforces to conduct digital forensics, enabling terminated SMEs to utilize the system, and assuring independence and fairness of the mediation and arbitration of the technology misappropriation disputes.

목차

Ⅰ. 서론

Ⅱ. 중소기업 기술보호를 위한 국내법상 체계

Ⅲ. 행정조사와 형사적 구제의 보완 방안

Ⅳ. 결론

참고문헌

키워드

Trade Secrets SMEs Technology Misappropriation administrative investigation criminal remedies compulsory investigation Digital Forensic Mediation Arbitration