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논문 기본 정보

자료유형
학술저널
저자정보
저널정보
한국비교형사법학회 비교형사법연구 비교형사법연구 제15권 제2호
발행연도
2013.1
수록면
579 - 602 (24page)

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Outflow of industrial technology has become recognized as a problem of the national economic security from an issue that would determine the rise and fall of an enterprise. At this point of time, we should shift the paradigm of the national policy to cope with industrial technology outflow, establish an organization exclusively in charge of the industrial technology outflow at the government level, and reestablish a high rank goal of detecting professional spies supported by a foreign country or enterprise and protecting the domestic industrial technology. In addition, we should carry out revision of laws fast reflecting the development of industrial technology and prevent a blank of punishment by which victim of an industrial technology outflow cannot be punished. In the punishment of a law court, the examination of an offense should be appropriate by setting up the criteria for the estimation of the amount of damage more objectively and reasonably and make efforts to raise the penalty to the level of effectiveness, which currently is ‘only a slap on the wrist.’Along with this, for the stronger punishment of a crime, investigative institutions’ manpower for industrial technology outflow should be increased, and through developing professional investigation techniques like digital forensic and promoting the expertise of investigators, dispensation of justice to the crimes and intimidating preventive effects of punishment should be maximized. Through the implementation of the above measures, the effectiveness of criminal punishment will be secured. Lastly, the government, enterprises and individuals should recognize the importance of the protection of industrial technology and cooperated with each other through sharing information and establishing a joint industrial security system to make efforts to protect the industrial technology in which enormous efforts have been invested in its entirety and connect that to economic development and the national development.

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