학술논문

해외 M&A시 산업기술 유출 방지를 위한 법 개선 연구
A study on the improvements of law for industrial technology outflow prevention : Focusing on international M&A
Document Type
Article
Text
Source
시큐리티 연구, 12/30/2011, Vol. 29, p. 7-34
Subject
인수합병
산업기술
산업보안
산업기술유출 방지
핵심 기술
M&A
Industrial Technology
Industrial Security
Industrial Technology Outflow Prevention
Core Technology
Language
한국어(KOR)
ISSN
2671-4299
Abstract
Achieving high-level technology in fields such as IT-related industry, semiconductors, mobile phones, LCD, automobile, shipbuilding, etc., Korea has become an international market leader in those fields. In results, there are the increasing numbers of technology leakage attempts in various manners. Recently, technology leakages are not limited to illegal industrial espionage, but also occur during usual corporate proceedings such as technology transfer, joint research and M&A. In fact, there was a technology leakage issue in the M&A between Ssangyong Motors of Korea and Shanghai Motors of China. Current M&A regulations of Korea are not independent laws, but are spread over various laws, such as commercial law, Capital Markets and the Financial Investment Services Act, Foreign Trade Act, etc. This paper focuses on whether the current Korean regulations regarding M&A are able to effectively restrict the leakage of major information of corporate during M&A and seeks the complements.