A Study on Export Control Implementation of the Intangible Transfer of NSG Controlled Technology in the Republic of Korea

摘要

The possibility of illegal transfer of strategic technology is increasing due to the development of information technology, the increase of international student exchanges, and the expansion of international technology exchange programs. Therefore, the international export control regimes are strengthening the control measures for the transfer of technology related to Weapons of Mass Destruction (WMD), and has discussed Intangible Transfers of Technology (ITT) control as a guideline. As part of this, the Republic of Korea is implementing export controls for the ITT related to WMD since 2014 by reflecting it in domestic law. On the other hand, Trigger-List items are different from dual-use items due to their special features such as the receipt of government assurance from recipient countries. Specific implementation guidelines for the ITT control for Trigger-List items are under development. In the previous research, Korean ''White Countries" were selected by evaluating the nuclear nonproliferation system in each country. Based on the results, the Korean government prepared various and realistic export control measures such as government assurance exemption, export licensing exemption and export licensing documents exemption. The ITT is divided into two types: intangible technology transfer such as oral or technical assist, and technical data transfer through electronic means. The control measures should be applied differently according to each characteristic. The three most important ITT controls are intangible technology transfer control by the government, self-auditing and sanction. This study analyzes the Nuclear Supplier's Group's (NSG) Best Practice Guide for Implementing Controls on the ITT and proposes effective and efficient implementation methods applicable to industry-academia-industry in Korea.