CONTENTS
- 1. Ilsan Attorney | Case Background
- - The Complainant's Argument
- - The Client's Arguments
- - The Complainant's Excessive Defamatory Conduct
- 2. Ilsan Attorney | Case Review
- - Issues in Dispute
- - The Ilsan Attorney's Review of the Applicable Legal Principles
- 3. Ilsan Attorney | Scope of Assistance
- 4. Ilsan Attorney | Denial of the Trade Secret Disclosure Charge and a Decision of Non-Prosecution
1. Ilsan Attorney | Case Background
The client, who booked a legal consultation through an Ilsan attorney recommendation, was a makeup artist who had been accused on charges of disclosing trade secrets, such as taking customers' information from the director of a former workplace.
The client argued that she had no intention of disclosing trade secrets or interfering with the business, and had merely answered customers who directly contacted her to ask the reason for leaving and the location of her new workplace.
The client therefore asked the professional attorney at the Ilsan branch office to fully rebut the complainant's claims and establish that there was no offense.
The Complainant's Argument
The complainant claimed that, by leaking and providing customer information obtained at the complainant's business to a competitor, the client violated the 🔗Unfair Competition Prevention and Trade Secret Protection Act and 🔗Trade Secret Protection Act.
▷ She actively urged customers to obtain refunds and persuaded them to move to the client's shop
▷ She failed to report receiving some money from customers and recklessly misappropriated it, thereby embezzling about 2 million won
The Client's Arguments
However, the client's account was different.
The client had ordinarily communicated directly with existing customers through messenger apps, phone calls, and the like, and had made reservations in this way.
In fact, some customers accessed the site to make reservations with the client as usual, but when the client's information could not be found, they contacted the client's personal mobile number to ask whether the client had changed jobs.
▷ The client informed them of the job change, and the customers then asked about the refund method at the existing shop
▷ The client gave a general explanation of the refund method and did not actively solicit them
The Complainant's Excessive Defamatory Conduct
In addition, while pursuing a criminal complaint against the client, the complainant defamed the client by spreading unfavorable rumors about the client among existing regular customers.
Because of these facts, the client suffered a significant impact at the new workplace to which he had moved, and he sought to prepare a counter-complaint for defamation.
The Ilsan attorney of Daeryun LLC identified these facts and provided assistance to establish that the client's conduct lacked intent.
2. Ilsan Attorney | Case Review
To assist the client who visited after receiving an Ilsan attorney referral, the attorney reviewed the issues in order to deny the charge of trade secret disclosure.
In addition, the attorney reviewed the relevant legal principles to confirm the level of punishment.
Issues in Dispute
Issue | Content |
Act of diverting customers' personal information | The client had personally managed the existing regular customers They were also personally acquainted, so they had been in a private contact relationship from the outset |
Act of leaking and providing customer information to the new workplace | After moving to the competitor, the existing regular customers learned of the client's move and contacted the client voluntarily There was no fact that the client leaked or provided customer information |
Urging refunds of memberships at the complainant's store | Most of the customers were people who had purchased memberships in order to receive the client's makeup services When they inquired about how to obtain a refund, the client simply explained the general procedure and did not urge any refund |
Charge of occupational embezzlement | Some individual customers voluntarily transferred 10,000 to 20,000 won each to the client's account as a token of gratitude Those tips simply accumulated over about 5 years to a total of around 2 million won, and there was no fact that the client used company funds at will |
The Ilsan Attorney's Review of the Applicable Legal Principles
Requirement | Description |
Non-publicity | It must be information that is not disclosed to the public and cannot be obtained except through the holder |
Economic usefulness | It must be information with economic value that provides a competitive advantage, or whose acquisition or development requires cost and effort |
Secrecy management | The information must be managed as secret, and the persons and methods of access must be restricted |
<🔗Trade Secret Leakage Requirements for Punishment>
Category | Content |
Trade secret leakage, acquisition, use | Imprisonment for up to 10 years or a fine of up to 500 million won |
Preparation or conspiracy for trade secret leakage | Imprisonment for up to 2 years or a fine of up to 20 million won |
3. Ilsan Attorney | Scope of Assistance
In order to assist the client who came through an Ilsan attorney recommendation, the team made the following arguments.
The client's individual customer base had been gradually growing due to his particular ability to build rapport.
The client argued that the misunderstanding in this case arose when some customers, upon learning of the client's change of workplace, voluntarily followed the client to the new shop.
In the end, the client established that there was no fact that he had diverted and taken customers' personal information when changing workplaces.
The complainant had been aware that the client received tips from customers but had pretended not to know.
When the client expressed his intention to change workplaces, it was revealed that the complainant had made threats such as, ‘If you do not hand over all the tips you have received so far, I will file an embezzlement complaint,’ and ‘If you do not want to be sued, extend your contract.’
In particular, circumstances were also detected in which the complainant attempted to coax the client into writing a statement of facts himself in order to shift responsibility onto him.
Because this was material drafted as the complainant wished, it could not be recognized as evidence of embezzlement.
4. Ilsan Attorney | Denial of the Trade Secret Disclosure Charge and a Decision of Non-Prosecution
The client who received legal assistance through the Ilsan attorney recommendation received a non-prosecution disposition for insufficient evidence.
The prosecution that reviewed this case determined that there was no intent as to all of the client's alleged charges, and stated as its reason that the client did not use trade secrets learned in the course of business for the purpose of causing harm to the complainant's establishment.
If, like the client in this case, you are facing retaliatory allegations of having disclosed 🔗trade secrets from a former employer, you should receive the assistance of an experienced attorney from the early stages of the investigation.
🔗legal consultation appointment may help you proceed with a prompt consultation.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
