Deals & Cases

Violation of the Unfair Competition Prevention and Trade Secret Protection Act
Violation of the Unfair Competition Prevention and Trade Secret Protection ActSuspended sentence

Litigation case on violation of the Unfair Competition Prevention and Trade Secret Protection Act | Assisting a client who was charged with a violation of the Act and obtaining a suspended sentence

The client, who came to Daeryun after being subject to a criminal complaint from an employer for Violation of the Unfair Competition Prevention and Trade Secret Protection Act, sought to defend against the case, and with the assistance of Daeryun's attorneys received a suspended sentence.

1. The client who visited Daeryun for a violation of the Unfair Competition Prevention and Trade Secret Protection Act

Violation of the Unfair Competition Prevention and Trade Secret Protection Act-suspended sentence

The client, who came to Daeryun regarding a Violation of the Unfair Competition Prevention and Trade Secret Protection Act, had been subject to a criminal complaint from the employer where the client had been working on the grounds of disclosure of trade secrets, and sought to defend against the case with the assistance of an attorney with extensive experience in litigation concerning Violation of the Unfair Competition Prevention and Trade Secret Protection Act.

The circumstances of the case involving violation of the Unfair Competition Prevention and Trade Secret Protection Act

The client, who was in a difficult situation after being subject to a criminal complaint for Violation of the Unfair Competition Prevention and Trade Secret Protection Act, came to Daeryun to defend against the litigation.

The client had worked for a long period at company J in the past, then left the company and moved to L Construction.

After changing jobs, the client, at the request of a colleague with whom the client had worked for a long time at the former workplace, sent materials such as technical drawings and bidding documents by email.

This conduct became an issue, and L Construction argued that the client had leaked important trade secrets to an outside party, going so far as to file a criminal complaint on the charge of Violation of the Unfair Competition Prevention and Trade Secret Protection Act.

Accordingly, the client visited Daeryun in order to defend against the case with the assistance of an attorney with extensive experience in litigation concerning Violation of the Unfair Competition Prevention and Trade Secret Protection Act.

Laws related to violation of the Unfair Competition Prevention and Trade Secret Protection Act

Unfair Competition Prevention and Trade Secret Protection Act

■ Article 18 (Penal Provisions)

(1) A person who, while knowing that a trade secret will be used in a foreign country or is intended to be used in a foreign country, commits any of the acts falling under any of the following items shall be punished by imprisonment with labor for not more than 15 years or a fine not exceeding 1.5 billion won.

However, where a fine is imposed, if the amount equivalent to ten times the financial gain resulting from the violation exceeds 1.5 billion won, the person shall be punished by a fine of not less than twice and not more than ten times the financial gain.

1. Any of the following acts committed for the purpose of obtaining a wrongful gain or causing damage to the holder of the trade secret

(a) Acquiring or using a trade secret, or disclosing it to a third party

(b) Removing a trade secret from a designated location without authorization

(c) Continuing to retain a trade secret despite being requested by the holder of the trade secret to delete or return it

(2) A person who commits any of the acts falling under any of the items of paragraph (1) shall be punished by imprisonment with labor for not more than 10 years or a fine not exceeding 500 million won.

However, where a fine is imposed, if the amount equivalent to ten times the financial gain resulting from the violation exceeds 500 million won, the person shall be punished by a fine of not less than twice and not more than ten times the financial gain.

2. Assistance for the defense of the lawsuit involving violation of the Unfair Competition Prevention and Trade Secret Protection Act

In order to defend the case of the client who came to Daeryun after being subject to a criminal complaint for Violation of the Unfair Competition Prevention and Trade Secret Protection Act, we formed a case team of attorneys with extensive experience in litigation concerning 🔗Violation of the Unfair Competition Prevention and Trade Secret Protection Act and assisted throughout the entire proceedings.

Arguing that there was no actual damage in defense of the lawsuit involving violation of the Unfair Competition Prevention and Trade Secret Protection Act

The client, who was subject to a criminal complaint on the charge of Violation of the Unfair Competition Prevention and Trade Secret Protection Act, had never received money or goods or been promised any consideration in connection with the conduct related to the case.

The former colleague who received the materials from the client did not use the materials, on the ground that they did not suit the colleague's own project, and immediately deleted them.

Contrary to L Construction's argument, the materials that the client sent by email to the former colleague were materials of no significant value.

In order to defend against the litigation for Violation of the Unfair Competition Prevention and Trade Secret Protection Act, Daeryun's attorney emphasized that L Construction had not suffered any substantial harm as a result of the client.

Arguing that the extent of L Construction's damage was exaggerated in defense of the lawsuit involving violation of the Unfair Competition Prevention and Trade Secret Protection Act

In order to defend against the litigation for Violation of the Unfair Competition Prevention and Trade Secret Protection Act, Daeryun argued that L Construction was exaggerating the extent of its harm.

L Construction had conducted regular audits in relation to employees' sending and receiving of email, and the client was also fully aware of this fact.

The fact that the client sent the document through the company email without concealment was because the client considered the level of the material to be low and not important confidential material of the company.

Daeryun's attorney argued that the client had not leaked confidential material with any malicious intent toward L Construction.

3. The lawsuit involving violation of the Unfair Competition Prevention and Trade Secret Protection Act concludes with a suspended sentence

In order to defend the litigation of the client who was subject to a criminal complaint for Violation of the Unfair Competition Prevention and Trade Secret Protection Act, Daeryun formed a handling team and provided assistance, and as a result of the litigation the client received a suspended sentence.

Successful defense of the case involving violation of the Unfair Competition Prevention and Trade Secret Protection Act

The client, who was subject to a criminal complaint from the employer where the client was working for Violation of the Unfair Competition Prevention and Trade Secret Protection Act, sought Daeryun's assistance in defending against the litigation.

Accordingly, Daeryun formed a case team of attorneys with extensive experience in litigation concerning Violation of the Unfair Competition Prevention and Trade Secret Protection Act and assisted with the overall proceedings.

As a result, the court accepted Daeryun's arguments, and the client received a suspended sentence.

If you need to defend against litigation for a Violation of the Unfair Competition Prevention and Trade Secret Protection Act as in the case above, we strongly recommend that you 🔗consult with an attorney at Daeryun LLC.

부정경쟁방지법위반 소송사례 | 부정경쟁방지법 위반하여 고소 당한 의뢰인 조력해 집행유예 선고

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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