從查證人之程序地位談查證人偽證及洩密罪──以智慧財產案件審理法第74條為中心

Starting with the Procedural Status of Investigator to Discuss the Crime of Perjury and Leakage of Investigator --- Focusing on Article 74 of Intellectual Property Case Adjudication Act

This article explores the norms for perjury and leakage of Investigator in Article 74 of Intellectual Property Case Adjudication Act from the procedural status of Investigator. Based on the perspective of ''implementing a hierarchical protection system'' and ''comprehensive maintenance of secrets learned during verification'', the scope of the investigator's confidentiality obligations should not be limited to the ''trade secrets'' learned during verification. In addition, regarding the perjury committed by investigators, we can refer to the existing theories and precedents for perjury in criminal law.