영업비밀보호법의 適用上 限界

다국어 초록 (Multilingual Abstract)

In the 21st century, the so called digital revolution era, the competitive power of companies and nations depend on how well they have developed and used advanced scientific technology. Consequently, in recent years many countries in the world are trying hard to acquire the newest high technology beforehand and protect their advanced scientific technology from leaking to other countries. Adapting to such change, our nation has continuously developed the Trade Secret Protection System to effectively cope with the new international competition environment which resulted from the ending of cold war and to be prepared for free competition market influenced by WTO. However, despite our country's effort, when the law is put in to effect, it becomes difficult to achieve the goal of the system which focuses on preventing any infringement of trade secrets. For example, if someone attempted but failed to steal trade secrets, it is very difficult to find evidence of the attempted crime. Also, even after the secrets have been drained out, the protection system would be of no use as the secrets would be no longer secrets. In the case of punishing those who've been confirmed to attempt the crime, it is likely that they will be given a lighter punishment than that for theft. Thus, substantially the system doesn't work for the beholders of the trade secrets but works against them. Therefore, it is most urgent to amend Unfair Competition Prevention & Trade Secret Protection Act and related laws that actually reflect the current state. In addition, companies should not forbid their employees from transferring to another company, prohibit them of competitive transaction, or force them to make a secret oath. Rather, if the company considers the damage from having their trade secret leak to be so fatal, they can grant their employees with duties to keep trade secrets through an official contract. By signing the official contract, the employees will be obliged to keep the company's trade secrets, and be compensated for doing so. Currently, our nation faces a challenge of obtaining advanced technologies from forefront nations and preventing underdeveloped countries or rival countries from stealing our technologies. Only the companies and countries that survive in this intense competition will be able to move forward to a promising future. Therefore, we should concentrate on gathering the utmost support and wisdom to develope and protect our advanced technologies with a positive attitude, and this will only be possible when our nation, companies, and the people cooperate devotedly as one.

목차 (Table of Contents)

• Ⅰ. 序說
• Ⅱ. 영업비밀보호법의 制定과 改正
• Ⅲ. 영업비밀보호법의 적용상 限界
• 1. ‘漏泄’의 한계
• 2. 법률규정상 한계
• 3. 判斷基準의 한계
• 4. 피해액 산정기준의 한계
• 5. ‘搜査’의 한계
• 6. 산업기술유출방지법의 立法과 적용상 한계
• Ⅳ. 結語
• Abstract

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