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http://dx.doi.org/10.17703/JCCT.2022.8.3.323

A Study on the Improvement of Regulations on Economic Counterintelligence  

Kim, Ho (Major in International Commerce, Keimyung Univ)
Publication Information
The Journal of the Convergence on Culture Technology / v.8, no.3, 2022 , pp. 323-329 More about this Journal
Abstract
Although the National Intelligence Service Act has been amended considering the growing importance of economic counterintelligence, a clear interpretation of certain provisions and improvement of the effectiveness of economic counterintelligence are required. This article presents some suggestions for regulations on economic counterintelligence. Firstly, the meaning of the term "disturbance of economic order in connection with foreign powers" will become clear by interpreting it with the terms of the Counterintelligence Duty Regulation and by setting categories referring to the U. S. regulations. Secondly, counterintelligence authorities' request for cooperation may be reinforced by amending relevant regulations or by applying a special procedure for the acquisition of data. Finally, strengthened punishment for activities in connection with foreign powers may improve the efficiency of counterintelligence.
Keywords
Economic Counterintelligence; Economic Espionage; Counterintelligence; Trade Secret; Industrial Technology;
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1 S. W. Son, S. M. Moon, and J. H. Park, "Effective Remedy against Trade Secret Infringement: Focused on 'Rational Secret Management Standard' and 'Civil Remedy'," Northeast Asian Law Journal, Vol. 11, No. 2, pp. 345-381, September 2017.   DOI
2 G. S. Lee, "A Study on the Preventing Policy of the Industrial Technology Leak Crime: focused on the criminal aspect of the United State's Economic Espionage Act," Journal of Comparative Law, Vol. 9, No. 2, pp. 109-163, April 2009.
3 J. H. Choi, "A Study on the Institutional Improvement Directions of Industrial Security Programs: Focused upon Policies and Practices in the U.S.," Korean Security Journal, No. 22, pp. 197-230, March 2010.
4 H. J. Kim, "A Comparative Study on the Regulation of Espionage Activities and the Issues for the Improvement of Korean Laws," Journal of National Intelligence Studies, Vol. 2, No. 2, pp. 125-180, 2009
5 J. B. Kim, "Economic Espionage Act in USA," Chungnam Law Review, Vol. 12, No. 1, pp. 183-204, December 2001
6 Y. J. Kim, "A Study on the Review and Implication of the Defend Trade Secrets Act of United States," KNU Law Journal, No. 70, pp. 305-335, July 2020.
7 H. J. Kim, "Research on the Legal Ground and Authority of Counter-intelligence Activities toward Foreigners by Intelligence Investigative Agency," Journal of National Intelligence Studies, Vol. 8, No. 1, pp. 7-42, June 2015.
8 Office of the Director of National Intelligence, "National Intelligence Strategy 2019," U. S. Government, p. 14, https://www.dni.gov/files/ODNI/documents/National_Intelligence_Strategy_2019.pdf.
9 W. Chung, "Recent Trends and Implications of Economic Counterintelligence in Principal Countries," Journal of National Intelligence Studies, Vol. 5, No. 2, pp. 7-42, 2013
10 Y. C. Baek, and H. I. Hwang, "A Study on the Trade Secrets Protection: Centering on Japan," Journal of Law and Politics Research, Vol. 18, No. 4, pp. 83-104, December 2018   DOI
11 J. H. Yoon, "Recent Trends of Court's Decisions and Legislation on Economic Espionage in the United States," Kangwon Law Review, Vol. 44, pp. 477-501, February 2015.   DOI
12 S. M. Baek, "A Study on the Countermeasure according to the Change of Trade Secret Requirements: Focus on maintenance of Secrecy," Jeonbuk Law Review, Vol. 63, pp. 321-342, September 2020
13 H. W. Han, "A Study On the U.S.A Economic Espionage Act of 1996: Focusing on the Legal Understanding and It's Management," Contemporary Review of Criminal Law, No. 34, pp. 162-198, March 2012
14 S. W. Son, and J. H. Park, "Modification of Legal System for Industrial Technology Protection," Dankook Law Riview, Vol. 37, No. 4, p. 503, December 2013.
15 National Counterintelligence and Security Center, Office of the Director of National Intelligence, "National Counterintelligence Strategy 2020-2022," U. S. Government, pp. 6-10, https://www.dni.gov/files/NCSC/documents/features/20200205-National_CI_Strategy_2020_2022.pdf.
16 S. J. Kim, W. H. Kim, and Y. S. Yi, "A Study on the Improvements of Law for Industrial Technology Outflow Prevention: Focusing on international M&A," Korean Security Journal, No. 29, pp. 7-34, December 2011
17 Office of the Director of National Intelligence, "U.S. National Intelligence: An Overview 2011," U. S. Government, p. 8, https://www.ojp.gov/ncjrs/virtual-library/abstracts/us-national-intelligence-overview-2011.
18 National Counterintelligence and Security Center, Office of the Director of National Intelligence, "National Counterintelligence Strategy 2020-2022," U. S. Government, p. iii, https://www.dni.gov/files/NCSC/documents/features/20200205-National_CI_Strategy_2020_2022.pdf.
19 G. H. Lee, and S. B. Baek, "A Study on Requirements of Objects of Trade Secret and Maintenance of Its Secrecy," Chung-Ang Law Review, Vol. 22, No. 1, pp. 7-47, March 2020
20 H. J. Kim, "A Comparative Study on the Regulation of Espionage Activities and the Issues for the Improvement of Korean Laws," Journal of National Intelligence Studies, Vol. 2, No. 2, p. 172, 2009.
21 H. G. Kim, and C. M. Lee, "A Study on the Feasibility of the Espionage Charges for the Industrial Technology Divulgence," Korean Security Journal, No. 57, pp. 253-276, December 2018
22 K. M. Lee, "A Comparative Study on Confidentiality Management as a Requirement for Trade Secrets: Focusing on U.S. and Japanese laws and precedents," Legal Theory and Practice Review, Vol. 8, No. 1, pp. 321-344, February 2020   DOI
23 H. W. Han, "A Study On the U.S.A Economic Espionage Act of 1996: Focusing on the Legal Understanding and It's Management," Contemporary Review of Criminal Law, No. 34, p. 191, March 2012.
24 Federal Bureau of Investigation, "Economic Espionage" https://www.fbi.gov/news/stories/economic-espionage.
25 National Counterintelligence and Security Center, Office of the Director of National Intelligence, "National Counterintelligence Strategy 2020-2022," U. S. Government, p. 5, https://www.dni.gov/files/NCSC/documents/features/20200205-National_CI_Strategy_2020_2022.pdf.
26 J. H. Yoon, "Comparative Study on the Countermeasures against Industrial Espionage," Dankook Law Riview, Vol. 41, No. 1, pp. 303-320, March 2017   DOI
27 Y. T. Chun, and H. S. Kim, "The Policy Issues and Prospects on the Discipline of Unfair Use of Trade Secrets Focused on the Case of the United States and Japan," Law Review, Vol. 19, No. 2, pp. 437-465, June 2019