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A Study on the Calculation of Damages in the Crime of Technology Leakage

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2023, 11(4), pp.111-146
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : October 20, 2023
  • Accepted : November 25, 2023
  • Published : November 30, 2023

Park Woong Shin 1

1경남정보대학교

Accredited

ABSTRACT

can save enormous R/D costs and time and overcome technical gaps with leading companies in a short time, so if core technologies are leaked, the damage cannot be reversed for the victim company. Furthermore, if the leaked technologies are semiconductors, secondary batteries, and defense industry technologies, the damage is not simply the economic loss of a specific company, but it can threaten Korea's economic and political existence of Korea. Since the importance of core technologies possessed by companies in the knowledge and information society is indisputably important, the normative system to protect core technologies still exists and is constantly being revised. Nevertheless, cases of technology leakage continue to occur because of a mixture of various political and economic factors, such as economic utility caused by technology theft and legal sanctions that do not reflect such illegality. In particular, even if a socially resonant technology leak crime is criminally judged, it is rare for the victim to be sentenced to the extent that the company recognizes that the damage has been recovered, and furthermore, criticism has been continuously raised that such a ruling does not correspond to the legal sentiment of the general legal sentiment. There are many reasons why the punishment of technology leakage crimes does not properly reflect the illegality of conduct, but the biggest problem is that it is difficult to arithmetically confirm the value of technology leakage, especially the economic value. Of course, there are several methodologies for calculating this, but there is a difficulty in calculating the amount of damage due to the difference between the infringers and the actors. In response, this study examines the concept of technology leakage, domestic and foreign laws responding to technology leakage, checks whether there is a regulation to calculate (or estimate) the amount of damage in technology leakage, and examines the meaning of the damage estimation regulations existing in the current legislation and their limitations, and suggests qualitative and quantitative improvement measures.

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