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(영문) 대법원 2017.05.30 2016도16617

업무상배임등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The term “business secrets” under Article 2 subparag. 2 of the former Unfair Competition Prevention and Trade Secret Protection Act (amended by Act No. 13081, Jan. 28, 2015; hereinafter “Unfair Competition Prevention Act”) means the production method, sale method, and other technical or business information useful for business activities, which have been kept confidential by considerable efforts (the current Act changed the term “reasonable efforts” into “reasonable efforts”). Here, the term “contincing the information as confidential” refers to the production method, sales method, and other technical or business information useful for business activities (see, e.g., Supreme Court Decisions 208Do4305, Jul. 10, 2008; 2008Do43165, Jul. 10, 2008; 2005Do43165, Feb. 16, 2007).

The court below did not err by misapprehending the legal principles on trade secrets under the Unfair Competition Prevention Act.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor does not state the grounds of objection against the petition of appeal or the statement of reasons for appeal.

2. The Defendant did not submit the Defendant’s grounds of appeal within the submission period of the written grounds of appeal, and the Defendant did not state the grounds of appeal in the petition of appeal.

3. Conclusion