The Ministry of Trade, Industry, and Energy announced on January 6th that a total of 23 cases of foreign industrial technology leaks, including “domestic basic technologies,” were detected last year. This represents an increase of 3 cases compared to the previous year. The government designates domestic basic technologies as those with high technical and economic value or those related to industries with high growth potential, which if leaked abroad, could pose significant threats to national security and the country’s economic development.
Technologies such as sub-30 nanometer class DRAM memory and AMOLED technology in various fields, including semiconductors, displays, electrical and electronic engineering, shipbuilding, and nuclear energy, have been identified as domestic basic technologies, totaling about 70.
The number of detected cases of industrial technology leaks has been increasing annually, from 14 cases in 2019 to 20 cases in 2022, and 23 cases in 2023. The increase in cases related to semiconductors is particularly noticeable. While only 3 cases of semiconductor leaks were detected until 2019, the number increased to 15 cases last year, the highest since the Ministry began managing related statistics in 2016.
The methods of technology leaks also vary. The Ministry explained that suspicions of illegal technology leaks arise during the process of foreign companies establishing operations in Korea and hiring technical personnel. There have also been attempts by Chinese private equity funds to acquire advanced technologies through the attempted takeover of MagnaChip, the parent company of the second-largest Korean semiconductor manufacturer, in the United States.
The government argues that there is an urgent need to strongly suppress the foreign leakage of key industrial technologies through amendments to the Industrial Technology Protection Act. The recent amendment to the Industrial Technology Protection Act by the National Assembly’s Standing Committee includes a “determination” system that allows the government to initiate proceedings to determine whether a particular technology is a domestic basic technology, even if the company itself does not apply for it.
The amendment also changes the subject of punishment for leaking foreign technologies from “objective crimes” to “intentional crimes.” According to Supreme Court precedents, the prosecution must prove that the domestic basic technology was intentionally taken and transferred abroad “with the intention of using it in a foreign country.” The amendment allows for punishment only with the proof of intentional extraction.
A representative of the Ministry of Trade, Industry, and Energy said, “The amendment will be implemented six months after its announcement, and we expect it to contribute to reducing the leakage of industrial technologies.”
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The source of the article is from the blog mgz.com.tw