韓国での営業秘密保護関連法律の動向と課題

초록

Unlike the cases of Japan, in Korea, not only Unfair Competition Prevention Act （UCPA）; but also Industrial Technology Protection Act（ITPA）; Small Business Technology Protection Act（SBTPA）; and Defense Industrial Technology Protection Act（DITPA） have been enacted in terms of business secrets protection. UCPA and ITPA have been amended several times, while interacting each other like benchmarking, so that the two contents seem more similar. Moreover, from the perspective of the industry promotion, it is found that SBTPA and ITPA have overlapping areas. DITPA is also similar to SBTPA regarding not only provisions of industry promotion ; but also prohibited activities, punishment and the protection ; except for only a few parts of sentences. Accordingly, these Acts are needed to be amended ; by means of separating “Protection Act” applied to trade secrets or protection of industrial secrets and “Promotion Act” applied to building foundation of protection of trade secrets or industrial secrets respectively.

키워드