일본의 기술유출방지에 대한 대응방안-2017년 10월 1일 시행하는 外爲法을 중심으로

Abstract

In order to escape from the economic recession, the Japanese government has come up with an era of knowledge creation and an Intellectual Property-Based Nation by strengthening technology development and establishing policies to strengthen intellectual property rights. Whenever technology information is leaked overseas, the international competitiveness of the company is weakened, the national strategy for intellectual property is disrupted, and moreover the status of the country as a technology-based nation is threatened. In this regard, Japanese government is examining technology leakage from the national point of view with regard to technology that can be converted to military use, industrial espionage, the purchase by foreign investors, etc., and the private sectors are examining technology from a business management perspective. As such various countermeasures against outflow of technology are being prepared in close cooperation of the administration, the legislature and the private sector in Japan. These movements are evident in the recent passage of the related legislation in the face of the Toshiba s memory chip business sale. Some amendments to the Foreign Exchange and Foreign Trade Act (“Foreign Law”) were approved by the Cabinet on March 3rd this year to submit to the National Diet, passed through the House of Representatives on May 17th, and passed at the plenary session of the House of Councilors on May 17th, and promulgated on May 24th. In general, it takes more time to enact and amend the law in Japan comparing to Korea. However, it is meaningful to note that the cooperation of the ruling and opposition parties for the enactment of this bill in face of the Toshiba s sale is showing the clear case that there is no separate party for the national security.