National Core Technologies Leaked in 49 Cases
"Change from Intentional Offense in Purpose Scope
and Expedite Revision of Sentencing Standards"
Hong Seok-jun, a member of the National Assembly's Science, Technology, Information and Broadcasting Communications Committee from the People Power Party, urged on the 18th for the prompt passage of amendments to the Industrial Technology Protection Act and the Defense Industry Technology Protection Act, stating that 165 cases of advanced industrial technologies, including semiconductors, have leaked abroad over the past eight years.
According to data received by Representative Hong from the Ministry of Trade, Industry and Energy, 165 cases of industrial technology, including 49 cases of national core technologies, were detected leaking overseas over eight years from 2016 to last year. By sector, the cases were semiconductor (39), electrical and electronics (32), shipbuilding (15), display (25), information and communications (10), automobile (12), and machinery (13). In particular, the semiconductor sector surged from 1 case in 2016, 3 cases in 2019, to 13 cases last year. Recently, Samsung Electronics' semiconductor technology was also transferred to China.
National core technologies leaked overseas were in the order of semiconductor (9 cases), electrical and electronics (7 cases), shipbuilding (13 cases), and display (8 cases). National core technologies refer to 71 industrial technologies designated under the "Act on the Prevention and Protection of Industrial Technology Leakage (Industrial Technology Protection Act)." For semiconductors, these include 11 technologies such as design, process, and device technologies corresponding to DRAM below 30 nanometers, three-dimensional stacking formation technology, and advanced packaging (FO-WLP, FO-PLP, FO-PoP, etc.) assembly and inspection technologies for system (non-memory) semiconductors.
Hong Seok-jun, a member of the People Power Party, speaking at the party's Regulatory Reform Promotion Team Startup Policy Meeting held at the National Assembly Members' Office Building on September 7 last year, when he was serving as the head of the party's Regulatory Reform Promotion Team. [Photo by Yonhap News]
Compared to the frequency and severity of leaks, the level of punishment was found to be low. Reviewing court rulings on violations of the Industrial Technology Protection Act over eight years, out of 114 first-instance rulings, only 12 resulted in imprisonment. Suspended sentences (40 cases) and fines (11 cases) were more common, and there were also a considerable number of acquittals (34 cases).
Representative Hong stated, "Experts point out that under current law, proving crimes of overseas technology leakage is difficult, and punishments are merely lenient." Under current law, leaking industrial and defense industry technologies abroad for the purpose of 'using' or 'allowing use' is punishable. However, it is difficult to prove that the crime was committed with the purpose of 'allowing use.'
Representative Hong has introduced a bill to strengthen the protection of domestic industrial and defense technologies. The amendment to the Industrial Technology Protection Act has passed the National Assembly's Industry, Trade, and Energy Committee and is awaiting passage in the Legislation and Judiciary Committee. However, the Defense Industry Technology Protection Act is currently pending in the National Defense Committee. Representative Hong said, "Although crimes involving the overseas leakage of domestic defense and advanced technologies continue to occur, it has been difficult to prove the criminal intent, limiting prevention efforts. Related laws must promptly pass the National Assembly to eradicate crimes involving the overseas leakage of defense technologies directly linked to national security and national core technologies."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
