• Korean Security Journal
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• no.57
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• pp.253-275
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• 2018

Economic security emerged as a strong element of national security. Nations around the world are exerting their efforts to collect economic intelligence to serve their national interest while making added efforts to uncover industrial espionage and arrest industrial spies in defensive aspect. Cases in point are the enactment of "Economic Espionage Act(1996)" of the U.S. and the "Act on Prevention of Divulgence and Protection of Industrial Technology(2006)"of Korea. Korea is trying to punish industrial spying on the same level as espionage that poses national security threat by revising Criminal Code. It is necessary to review whether the move to toughen the punishment of industrial spying from "up to 15 years in prison and/or up to 1.5 billion won in fine" to "minimum seven years of imprisonment, life imprisonment or death penalty" is appropriate. Advanced nations regulate industrial spying with a special act on economy although they have applied espionage act not to "enemy states" but to "foreign countries" in the first place. Likewise, preventing industrial spying by applying espionage act through the revision of criminal code poses a risk of undermining the autonomy of industry sector by excessive influence of state power. Furthermore, the penalty of minimum imprisonment of seven years, life imprisonment or death penalty with the application of espionage act under the criminal code is an legal application by stretching of the law, posing a risk of dampening healthy economic activities. Therefore, revising and applying relevant economic laws such as aforementioned 'Act on Prevention of Divulgence and Protection of Industrial Technology(2006)' is thought to be desirable to achieve the goal of protecting industrial technologies.

• Korean Security Journal
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• no.22
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• pp.197-230
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• 2010

This study examined the institutional improvement directions of industrial security programs, particularly focusing upon policies and practices in the U.S., to enhance the effectiveness of industrial security programs in Korea. This study also aimed to investigate the significance of institutional and/or policy implementations in preventing economic espionage attempt. Data leakage and/or loss of trade secrets in corporations has been a scary proposition and a serious headache to both the CEOs and the CSOs(Chief Security Officers). Security professionals or practitioners have always had to deal with data leakage issues that arise from e-mail, instant messaging(IM), and other Internet communication channels. In addition, with the proliferation of wireless and mobile technology, it's now much easier than ever for loss by data breaches to occur, whether accidentally or maliciously or even by an economic espionage attempt. The researcher in this study used both a case study and a comparative research to analyze the different strategies and approaches between the U.S. and Korea in regard of implementing policies to mitigate damages by economic espionage attempts and prevent them from occurring. The researcher first examined the current policies and practices in the U.S. in terms of federal government's and agencies' approach and strategies on industrial security programs and their partnerships with private-commercial-sectors. The purpose of this paper is to explain and suggest selected findings, and a discussion of actions to be taken on implementing a proactive and tactical approach to enhance the effectiveness of industrial security programs to fight against information loss or data leaks. This study used case reviews, literatures, newspapers, articles, and Internet resources relating to the subject of this study for triangulation of data. The findings during this research are as follows. This research suggests that both the private and the governmental sector should closely cooperate in the filed of industrial security to strengthen its traditional prevention strategies and reduce opportunities of economic espionage as well. This study finally recognizes both the very importance of institutional development led by the Government in preventing economic espionage attempts and its effectiveness when properly united with effective industrial security programs.

• International Journal of Advanced Culture Technology
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• v.10 no.4
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• pp.427-433
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• 2022

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. For these reasons, this paper aims to present a direction for the future, focusing on this new economic counterintelligence.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.1-20
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• 2017

The industrial technology (including trade secrets), which is commonly understood as systematic and applied technical knowledge, can be transferred to third parties by contracting for the transfer of technology or by granting of a licence. The activity of industrial espionage, due to the gradual increase of the economic interests of intellectual property, is displaying intensively in order to gain advanced technology information. With our outstanding high technology, but compared to the level of the advanced countries, the technical protection systems, the legal protection measures and the systematic management thereof may still be insufficient. Our industrial technology outflow abroad, due to the vulnerability to the security control system in our country, has been increasing since the 2000. Computer software and SNS, such as smart devices, appear as a rapid change in the technical information environment. In order to minimize the dead zone of a new industrial security, the country's organic activity is being conducted. In 2006, Industrial Technology Outflow Prevention and Protection Law was enacted, which emphasized the responsibilities of the country. In this paper for the economic entity's efforts to prevent technology leakage oversea, I have looked to how the industrial technology can be protected in terms of national security and economic benefits of our enterprises. To solve the above-mentioned problems hereof, Korean government should willingly establish a reliable legal system for supporting to enterprise's operations, and Korean companies should autonomously introduce a synthetic technology protection system and incorporate the confidentiality clauses in an international transfer of technology agreement with third parties.

• The Journal of the Convergence on Culture Technology
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• v.8 no.3
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• pp.323-329
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• 2022

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.

• Korean Security Journal
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• no.20
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• pp.199-228
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• 2009

National security of post cold-war since 1990's shift that conception of the national security transfer traditional military strength to economic strength. Accordingly, the national interest about how to protect the of the high-technology industry enterprises has become contentious social issue. The U.S. and advanced countries promote the policy to protect The United State's Economic Espionage Act(EEA). The Korea reaching to high level a field at IT, Shipbuilding, Steel, Automobile Industry and huge capital investment to high-technology & development. But, systematic industry security activity not an unfold. So private investigator collect the evidence and information of business case for prevent danger is efficient. The private investigator system, deal with the matter efficiently, will good system to prevent economic loss of business, state and nation through make a good use in business crime that machinery of law difficult to intervene. This article countermeasure about industry spy through make a good use of private investigator.