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논문검색

산업기술 유출규제에 관한 법적 고찰 : 부정경쟁방지 및 영업 비밀보호에 관한 법률과 산업기술유출방지 및 보호에 관한 법률을 중심으로

원문정보

A study on the Legal Regulation of industrial technology outflow - Unfair Competition prevention and Business Secret Protection Law and Industrial technology outflow Prevention and Protection Law

조용순, 홍영서

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초록

영어

The importance of industrial technology is enormously growing in the age of limitless competition. Because the superiority of advanced science technology is directly linked to national power. So many countries around the world not only dashed into the research and development of industrial technology but also enacted laws and regulation to protect themselves from losing advanced science technology. Korea have developed very rapidly in the field of technology, especially in IT technology. This means that Korean companies are now no exception of the global economic espionage. So, it is necessary for the Korean government to revise the relevant laws and regulation for the effective enforcement on the industrial spies. In Korea, the legal Regulation of industrial technology outflow has been prescribed with the revision of the Unfair Competition Protection Law on Dec. 31. 1991, and has become effective since Dec.15.1992 to cope with the foreign trade pressure from the WTO/TRIPs negotiations. Nevertheless the revised Act does not provide enough criminal protection against economic espionage. so, Unfair Competition Protection Law was revised in 1998, 2004. And Industrial technology outflow Prevention and Protection Law(the Technology Outflow Prevention Law) was be established in September.2006. So, This study intent to explain the Legal Regulation of industrial technology outflow, especially Unfair Competition prevention and Business Secret Protection Law and Industrial technology outflow Prevention and Protection Law and reviews legal confliction of two major laws and suggests methods to solve the confliction fundamentally.

목차

I. 서론
 II. 산업기술의 유출규제를 위한 법률의 검토
  1. 서설
  2. 부정 경쟁방지 및 영업 비밀보호에 관한 법률
  3. 산업기술의 유출방지 및 보호에 관한 법률
 III. 산업기술유출규제에 관한 국내 법제상의 문제점과 개선방안
  1 . 서설
  2. 부정경쟁방지법과 기술유출방지법의 중복 가능성 검토
  3. 산업기술의 유출규제에 관한 법제의 개선방안
 IV. 결론
 참고문헌
 Abstract

저자정보

  • 조용순 Cho, Yong-Soon. 한양대학교 법과대학 강사
  • 홍영서 Hong, Young-Seo. 한양대학교 대학원 석사과정

참고문헌

자료제공 : 네이버학술정보

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