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The Criminal Countermeasures against the Outflow of Defense Technology

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2025, 13(1), pp.297~327
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : January 31, 2025
  • Accepted : February 20, 2025
  • Published : February 28, 2025

Song, Seung Eun 1

1배재대학교

Accredited

ABSTRACT

Since defense industry technology is not only a national security asset but also a strategic economic resource and has significant value, it is highly necessary to focus on protecting national capabilities. Long-term and large-scale investments are involved as a national strategic resource that is directly connected to national security. Internationally, securing reliability through strong technology protection and cooperation between allies are of paramount importance in defense industry technology transactions. As Korea's defense industry technology has developed dramatically and the market for introducing various weapons and defense systems has grown in size, attempts to leak and infringe from abroad have increased rapidly, and the importance of technology protection is increasing. With the entry of the 4th Industrial Revolution era, core defense technologies are developing, and weapon systems that respond to them are also becoming highly precise, advanced, and multifunctional. Techniques to seize and defraud defense technologies in illegal ways are also evolving as it becomes increasingly difficult to secure core technologies in the defense industry in a situation where competition for technology acquisition between countries is intensifying and technological protectionism in advanced countries is intensifying. Since defense industry technology is directly related to national security, it is necessary to establish a strong defense industry technology protection system and respond strongly to defense industry technology leakage and infringement crimes contrary to national security and national interests. Korea is actively responding by establishing legal and institutional measures, such as enacting the Defense Industry Technology Protection Act in 2015 and strengthening the statutory punishment for defense technology leakage through several revisions, but questions are being raised about effective responses, such as the increase in the outflow of defense technology abroad. In this situation, the argument to punish the outflow of defense industry technology abroad as a crime of espionage under the criminal law is drawing attention. It is necessary to respond strongly to the crime of espionage under the criminal law for the outflow of defense industry technology that threatens national security and causes enormous damage to the national economy.

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