산업기밀 유출사건의 처리현황 및 판례에 대한 연구 - 양형에 관한 문제를 중심으로 -

초록

Although Korea recently revised the relevant laws to strict response to the leakage of trade secrets as one of the countermeasures against the era of the 4th industrial revolution, strengthened the statutory sentence, and introduced a punitive damages compensation system. Also, the number of outflows of trade secrets has not decreased. To find a solution, as a result of reviewing the results of the cases of trade confidentiality leaking crimes in recent years, the status of the case, handling status, trial status, the crimes of leaking industrial confidentiality have higher rates of non-prosecution and innocence than other general criminal cases and are convicted. It can be seen that it is very low compared to the seriousness of this crime. On the other hand, it is necessary to revise the current sentencing standards for crimes infringing industrial secrets as a result of analyzing major judgments convicted of convictions, sentencing standards, and judgments in the case of outflow of industrial secrets in the United States. Even if Korea leaks serious industrial secrets abroad, the possibility of conviction is low, and even if convicted, the sentence is very low compared to the seriousness of the crime. Therefore, to prevent crimes from leaking trade secrets, it is necessary to revise the sentencing standards, which do not properly reflect the situation of the industry and the reality of the investigation.

키워드