• 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.

• International Journal of Computer Science & Network Security
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• v.21 no.6
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• pp.181-186
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• 2021

Ensuring national security in cyberspace is becoming an increasingly important issue, given the growing number of cybercrimes due to adaptation to new security and protection technologies. The purpose of this article is to study the features of counteracting, preventing, and detecting crimes in the virtual space of Ukraine on the example of cases and analysis of the State Center for Cyber Defense and Countering Cyber Threats CERT-UA and the Cyber Police Department of the National Police of Ukraine. The research methodology is based on the method of analysis and study of cases of crime detection in the virtual environment of the State Center for Cyber Defense and Countering Cyber Threats CERT-UA and the Cyber Police Department of the National Police of Ukraine. The results show that the consistent development of the legal framework in 2016-2020 and the development of a cyber-defense strategy for 2021-2025 had a positive impact on the institution-building and detection of cybercrime in Ukraine. Establishing cooperation with developed countries (USA) has helped to combat cybercrime by facilitating investigations by US law enforcement agencies. This means that international experience is effective for developing countries as a way to quickly understand the threats and risks of cybercrime. In Ukraine, the main number of incidents concerns the distribution of malicious software in the public sector. In the private sector, cyber police are largely confronted with the misappropriation of citizens' income through Internet technology. The practical value of this study is to systematize the experience of overcoming cybercrime on the example of cases of crime detection in a virtual environment.