• Asian Journal of Innovation and Policy
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• v.9 no.3
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• pp.339-359
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• 2020

The policy change in the Data 3 Act is one of the issues that should be noted at a time when non-face-to-face business strategies become important after COVID-19. The Data 3 Act was implemented in South Korea on August 5, 2020, calling 'Big Data 3 Act' and 'Data Economy 3 Act,' and so personal information that was not able to identify a particular individual could be utilized without the consent of the individual. With the implementation of the Data 3 Act, it is possible to establish a fair economic ecosystem by ensuring fair access to data and various uses. In this paper, the law on the protection of personal information, which is the core of the Data 3 Act, was compared around Korea, the European Union and the United States, and the implications were derived through network analysis of keywords.

• Korean Security Journal
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• no.61
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• pp.333-352
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• 2019

In January and August 2019, there were amendments to the Unfair Competition and Trade Secrets Protection Act (UCPA) and the Industrial Technology Protection Act(ITPA). These amendments will contribute to technology protection. But these amendments need to be supplemented further. In the area of civil remedies, despite the introduction of treble damages in the case of the UCPA and ITPA, the provisions related to the submission of supporting data have not been maintained. Therefore, it is necessary to recognize the claim of the other party as true if it is maintained at the level of the revised Patent Act and the scope of submission of supporting data. And the enforcement of the case of compulsory submission for the calculation of damages, and the order of filing documents are not followed. ITPA, on the other hand, has introduced the compensation for damages, but there is no provision for estimating the amount of damages. Therefore, it is necessary to estimate the amount of lost profits, profits, and royalties. In the area of criminal remedies, both the UCPA and ITPA have raised the penalty, but the sentencing regulations are not maintained. In addition, although the recent outflow of technology has expanded beyond organizational deviations to organizational outflows, amendments need to be made in relation to the serious consequence for the punishment of related juristic persons, such as companies involved in it. It should be noted that Japan and the United States have corporate regulations and regulations. In addition, in relation to the confiscation system, Act on Regulation and Punishment of criminal proceeds concealment require that domestic defenses be confiscated by defense industry technology, while trade secrets and industrial technologies are confiscated only by "foreign" outflows, and an amendment is necessary.

• The Journal of the Korea Contents Association
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• v.17 no.7
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• pp.487-497
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• 2017

South Korea needs reorganization of dispute resolution system due to the frequent occurrence of a case that trade secret or technique are leaked. First, the distributed various laws are established and enforced by enacting and enforcing individual laws. Therefore, the redundancy problems, the collision of individual laws, the decline in diversity, integrity, and connectivity are issues. An independent legal system is needed by Act on the Prevention and Protection of Technology Leakage. Thereby, The support system of technological protection that is sprayed in government departments such as the Small and Medium Business Administration, the Ministry of Trade, Industry and Energy, the Patent Office, the Fair Trade Commission, the Trade Committee, the National Police Agency, and the Spy Agency integrates and unifies institutionally, and it is necessary to advance a policy with functional division. Second, the Patent Tribunal, the Invention Promotion Act, the Industrial Property Right Dispute Mediation Committee by the patent law, the Industrial Technical Dispute Mediation Committee on the Industrial Technology Outflow Prevention and Protection Law and the Medium and Small Firm Dispute Mediation and Arbitration Committee on Small Business Technology Protection Support Law are installed. However, since it established the integrated law on the Act on the Prevention and Protection of Technology Leakage, it is desirable to set the merged operation of establishment on the Technical Dispute Mediation Committee under the Small and Medium Business Administration or the Ministry of Trade, Industry and Energy.

• 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.

• Convergence Security Journal
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• v.15 no.7
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• pp.39-45
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• 2015

Industrial secrets that companies own recently protected by various act related industrial security such as Trade Secret Act, Act on Prevention of Divulgence and Protection of Industrial Technology, etc. However, despite such protection infringement and leakage accidents of industrial secrets is increasing every year. According to a survey conducted by KAITS(Korean Association for Industrial Technology Security) annual average of estimated damage by industrial secrets leakage is estimated to be "50 trillion won." This is equivalent to the amount of annual revenue of small businesses more than 4,700 units. Following this, industrial secrets leakage causes serious damages to competitiveness of nation and companies and economic. However investment and effort to the industrial secrets leakage crime is lack of level compared to the scale of damage. Actually, most companies except some major companies are lack of response action about industrial secrets leakage because of shortage of separate organization, workforce, budget for industrial secrets leakage security. This paper aims to understand the overall flow of the industrial secrets leakage crime through various taxonomy such as cause of occurrence and leakage pathway and grasp the condition of damage from industrial secrets leakage through analyzation of internal and external industrial secrets leakage crime. This is expected to be the basis for related research.

• Journal of Arbitration Studies
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• v.32 no.4
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• pp.53-85
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• 2022

Small and medium-sized enterprises ("SMEs") are vulnerable to trade secret misappropriation. Korea's legislation for the protection of SMEs' trade secrets and provision of civil, criminal, and administrative remedies includes the SME Technology Protection Act, the Unfair Competition Prevention Act, the Industrial Technology Protection Act, the Mutually Beneficial Cooperation Act, and the Subcontracting Act. Among these acts, the revised SME Technology Protection Act of 2018 introduced the "administrative technology misappropriation investigation system" to facilitate a rapid resolution of SMEs' technology misappropriation disputes. On September 27, 2021, Korea's Ministry of SMEs announced that it had reached an agreement to resolve the dispute between Hyundai Heavy Industries and Samyeong Machinery through the administrative technology misappropriation investigation system. However, not until 3 years and a few months passed since the introduction of the system could it be used to resolve an SME's technology misappropriation dispute with a large corporation. So there arose a question on the usefulness of the system. Therefore, we conducted a comparative legal analysis of Korea's laws enacted to protect trade secrets of SMEs and to address technology misappropriation, focusing on their legislative purpose, protected subject matter, types of misappropriation, and legal remedies. Then we analyzed the administrative technology misappropriation investigation system and the cases where this system was applied. We developed a proposal to enhance the usefulness of the system. The expert interviews of 4 attorneys who are experienced in the management of the system to check the practical value of the proposal. Our analysis shows that the lack of compulsory investigation and criminal sanctions is the fundamental limitation of the system. We propose revising the SME Technology Protection Act to provide correction orders, criminal sanctions, and compulsory investigation. We also propose training professional workforces to conduct digital forensics, enabling terminated SMEs to utilize the system, and assuring independence and fairness of the mediation and arbitration of the technology misappropriation disputes.

• Journal of the Korea Convergence Society
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• v.10 no.3
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• pp.177-184
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• 2019

The Defense Technology Security Act was enacted in 2015 to protect the defense industrial technology from being duplicated or interfering technologies being developed, which prevents its value and utility from deterioration and prevents inappropriate export. Defense industrial technology refers to technology that should be protected for national security among the national defense science and technology related to the defense industry. However, technical identification criteria of identification and management system of protection technology are not regulated. Therefore, in this study, through the Delphi survey, diesel engine core technology identification criteria related to the high efficiency internal combustion engine propulsion technology among the 141 defense industrial technologies is established to improve the identification and management system of the technology to be protected among the defense industrial technology protection system. As a result of the study, operational operability, durability, safety, sequencing and modularization were established as diesel engine core technology identification criteria.

• The Journal of Information Technology
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• v.7 no.2
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• pp.55-67
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• 2004

The copyright law only protects the creative representation of works because it conditionally requires a creativity aspect of works. Due to the lack of protection regime in existing laws and the systems, the online digital contents industrial development act has been enacted to alternatively protect the digital contents providers based on a principle of preventive of illegal competition.

• Journal of Industrial Technology
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• v.18
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• pp.453-460
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• 1998

The purpose of this study was to analyze their status of underground storage tank(UST) facilities and level of soil contamination, and to establish its management criteria. DB program was developed to analyze the correlation between specific characteristic of UST and level of soil contamination. For a suitable management of UST, leakage monitoring and inspection method of UST was investigated. Inspection period was established based on the leakage rate. The most dominant factor for leakage seemed to be caused by the corrosion. Therefore, main factor, construction method and installation year of UST, and corrosion protection system were suggested for optimal protection of UST. Considering the present management status of UST in Korea, inspection and management criteria of UST should be accomplished in term of contamination protection of leakage, and flexible regulation act should be introduced for each specific site.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2022.05a
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• pp.9-11
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• 2022

In order to sustain and revitalize the fourth industrial revolution and data economy, the world's first 'data basic law' has been enacted and implemented in Korea.,However, the law prioritizes the activation of data industry and the activation of data production, distribution and use that deals with the protection of data assets, so it can be applied and interpreted more than the Personal Information Protection Act or the Copyright Act.,In this paper, the main contents of the data basic law are examined and the personal information issue is considered.