Ilsan Attorney | An Ilsan Attorney Concluded a Trade Secret Disclosure Case With a Non-Prosecution Disposition

2026.04.09박동일

The client who received the Ilsan attorney recommendation was referred to an attorney who had handled criminal cases related to the Unfair Competition Prevention and Trade Secret Protection Act in Ilsan and sought to clear the charge of having disclosed trade secrets at a former workplace.

1. Ilsan Attorney | Case Background

Daeryun LLC Ilsan attorney recommendation trade secret disclosure non-prosecution

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.

▷ While working at the shop, she diverted customers' personal information and phone numbers
▷ 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.

▷ Regular customers who had separately contacted the client to make reservations sought out the client on their own
▷ 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

Daeryun LLC Ilsan attorney referral trade secret disclosure no-suspicion non-prosecution case

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

What is civil liability in case of violation of confidentiality agreement?
View more

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.

① No Intent to Disclose Trade Secrets

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.

② The Complainant Made Threats Using the Embezzlement Allegation

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

Law Firm Daeryun Ilsan Attorney Recommendation Trade Secret Disclosure No Suspicion of Crime Insufficient Evidence Conclusion

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 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.