Most Technology Leaks Result in Suspended Sentences... Ministry of Industry to "Strengthen Sentencing Guidelines"

The government has decided to strengthen penalties for technology leakage to protect industrial technology. It plans to raise sentencing guidelines and expand the elements of the crime by adjusting the scope of punishment from intentional crimes to purposeful crimes.

The Ministry of Trade, Industry and Energy announced on the 28th that although South Korea's penalties for industrial technology protection (sentencing levels) are similar to those of other countries, there are loopholes in the sentencing guidelines and the elements of the crime, and thus it will push to raise sentencing guidelines and expand the elements of the crime.

According to the Ministry, demands to raise penalties under the Industrial Technology Protection Act have been continuously raised. Several amendment bills to strengthen sentences for technology leakage crimes have already been submitted to the National Assembly.

An official from the Ministry said, "South Korea's penalties for industrial technology protection are at a similar level to other countries, but the reason for the currently low level of punishment is due to loopholes in sentencing guidelines and the elements of the crime," adding, "Most cases result in probation due to Supreme Court sentencing guidelines that are excessively lower than statutory penalties, and the high acquittal rate is due to overly strict elements of the crime (purposeful crime)."

In fact, the penalties under the Industrial Technology Protection Act are ▲ 5 years or more for advanced strategic technology ▲ 3 years or more for national core technology ▲ up to 15 years for industrial technology. However, most court rulings on leakage cases resulted in acquittals (30.3%) and probation (54.5%).

Accordingly, the Ministry plans to eliminate the vicious cycle of punishment caused by "strict elements of the crime (purposeful crime) → inability to punish → acquittal → lack of actual punishment cases making it difficult to raise sentencing guidelines" by raising sentencing guidelines. In fact, last April, the Ministry submitted an opinion to the Supreme Court Sentencing Commission calling for the separation and strengthening of sentencing guidelines for technology leakage crimes. The Sentencing Commission is currently working on a major overhaul of sentencing guidelines for technology leakage crimes.

The Ministry also plans to expand the elements of the crime through amendments to the Industrial Technology Protection Act. The Ministry will actively cooperate to ensure the prompt passage of a legislative bill proposed by lawmakers to expand the elements of the crime from purposeful crimes to intentional crimes.

Along with this, the Ministry will encourage companies to invest in industrial technology protection. It is continuously expanding support such as security facility construction for small and medium-sized enterprises (2 billion KRW in 2023) and security consulting for small businesses (2 billion KRW), while also supporting the enhancement of expertise in technology protection and security capabilities for personnel in various positions including technology managers, CEOs, and field workers.

Additionally, the Ministry will increase the frequency of Industrial Technology Protection Committee meetings from 4 times a year to 8?10 times a year to actively respond to voices from the field, and will regularize the Industrial Technology Protection Committee's "Policy Council" to once per quarter.

This content was produced with the assistance of AI translation services.