"Need to Introduce Citizen Participation Trials in Technology Infringement Lawsuits"

Prevention of Technology Theft from SMEs, Public Hearing Held by the National Assembly Industry, Trade, and SMEs Committee

Lawyer Heekyung Park from the Kyungcheong Foundation (first on the left) is presenting legal and policy improvements to prevent technology theft.

[Asia Economy Reporter Kim Jong-hwa] The necessity of introducing a jury trial system in technology infringement lawsuits to prevent technology theft from small and medium-sized enterprises (SMEs) has been raised.

The public interest foundation Gyeongcheong, dedicated to restoring the rights of SMEs, announced on the 1st that at a National Assembly public hearing on measures to prevent technology theft from SMEs held on the 30th of last month, it proposed the need for jury trials in resolving technology infringement disputes between SMEs and large corporations, along with the utilization of fines to support companies harmed by technology misappropriation.

The public hearing, hosted by the National Assembly’s Industry, Trade, Energy, SMEs and Startups Committee, was held to listen to voices from the field regarding the current system’s problems and limitations related to preventing technology theft from SMEs, gather government positions and expert opinions, and to review related bills and prepare practical improvement measures.

At the hearing, Choi Yong-seol, CEO of BJC Co., Ltd., representing the victim companies, stated, "Investigations and compensation for technology theft are not being properly conducted," and urged for improvements in related systems to enable legal support for SMEs in disputes, impose the burden of proof on offending companies (large corporations), expand the scope of damages, conduct swift investigations of technology theft acts, and enforce strong sanctions.

Won Young-jun, Director of Technology Innovation Policy at the Ministry of SMEs and Startups, said, "We will promote amendments to the 'Act on the Promotion of Mutual Growth between Large and Small Enterprises' to introduce punitive damages, ease the burden of proof, and allow orders for submission of materials. We will also strengthen awareness activities on technology theft, improve mediation systems, and introduce coordination links between the prosecution and ministries to solidify efforts to eradicate technology theft."

Attorney Park Hee-kyung of Gyeongcheong emphasized, "It is necessary to establish non-disclosure agreements to prevent technology theft before and after contracts, allocate the burden of proof to improve inequalities caused by structural evidence asymmetry in lawsuits after disputes arise, strengthen orders for submission of materials, and specify standards for punitive damages and civil damages."

Attorney Park proposed, "In particular, improvements in administrative investigation procedures by agencies such as the Fair Trade Commission, expansion of victim companies’ rights to inspect and copy investigation materials, utilization of fines to support technology theft victim companies, and the introduction of a jury system in technology infringement lawsuits or investigation procedures are necessary."