Suspended Sentence for Tens of Trillions Technology Leak Offender? …Government Says, "Sentencing Guidelines Must Be Strengthened"

Ministry of Industry Holds Industrial Technology Protection Committee Meeting
Minister Bang Moon-kyu: "Industrial Technology Protection Act Must Be Passed Quickly"

Amid growing social concerns over the leakage of advanced technologies such as semiconductors, the government has emphasized the need to strengthen punishments for technology leak offenders. It stressed the necessity to prevent situations where technologies worth tens of trillions of won are leaked overseas but offenders receive light punishments such as suspended sentences or reduced sentences.

Minister Bang Moon-kyu of the Ministry of Trade, Industry and Energy is delivering a welcoming speech at the 47th Industrial Technology Protection Committee held at the Korea Chamber of Commerce and Industry in Jung-gu, Seoul on the morning of the 20th.
[Image source=Yonhap News]

On the 20th, Bang Moon-kyu, Minister of Trade, Industry and Energy, stated at the 47th Industrial Technology Protection Committee, "Strict punishment of leak offenders is crucial for the protection of industrial technology," adding, "It is necessary to promptly amend the Industrial Technology Protection Act and update the sentencing guidelines to reflect reality."

The amendment to the Industrial Technology Protection Act, which passed the National Assembly's Trade, Industry, Energy, Small and Medium Enterprises Committee last month, expands the crime requirements from purpose-based offenses to intentional offenses and significantly raises fines from the current 1.5 billion won to 6.5 billion won. It also broadens the scope of infringement to punish technology leakage brokers and increases the limit for damages compensation from three times to five times.

Minister Bang said, "This reflects the strong determination of the government and lawmakers from both ruling and opposition parties to eradicate technology leakage crimes with unprecedentedly strong punishments," emphasizing, "It is necessary for the National Assembly to pass this law as soon as possible." The bill is scheduled to undergo review by the National Assembly's Judiciary Committee soon.

Once the Industrial Technology Protection Act passes the National Assembly, the government plans to begin revising enforcement ordinances, including the establishment and operation of a practical support center and detailed standards for imposing compliance fines and administrative penalties.

Alongside this, the government is pushing to raise sentencing guidelines to enhance the effectiveness of punishments for technology leakage crimes. Minister Bang stressed, "The current sentencing guidelines for technology leak offenders are unreasonably low compared to statutory penalties," adding, "Even if technologies worth tens of trillions are leaked overseas, there should be no cases where first-time offenders receive suspended sentences or significantly reduced sentences simply because they express remorse."

The Ministry of Trade, Industry and Energy has submitted an opinion to the Supreme Court Sentencing Commission advocating for raising the sentencing guidelines to a minimum of 3 years and 6 months to 5 years. Currently, those who leak national core technologies face imprisonment of three years or more, but the sentencing guidelines range from one year to three years and six months, allowing for suspended sentences. The Sentencing Commission decided in August to review the sentencing guidelines for technology leakage crimes and plans to make a final decision by March next year.

At the meeting, the Ministry also decided to formulate a trade technology security strategy in the first half of next year and establish a comprehensive industrial technology protection plan in the second half. The comprehensive industrial technology protection plan is a statutory plan formulated every three years.

During the Industrial Technology Protection Committee meeting, approvals were granted for the export and overseas mergers and acquisitions (M&A) of four semiconductor cases, three automobile cases, and five biotechnology cases involving national advanced strategic technologies and national core technologies.

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