1. The former Unfair Competition Prevention and Trade Secret Protection Act (amended by Act No. 11963, Jul. 30, 2013) regarding the assertion of misapprehension of the legal principles regarding trade secrets

The former Unfair Competition Prevention Act (hereinafter referred to as "former Unfair Competition Prevention Act").

(2) The term “trade secret” under Article 2 Subparag. 2 refers to any production method, sale method, and other technical or managerial information useful for business activities, which is not known to the public, and has an independent economic value. Here, the term “publicly known” refers to any information that cannot be generally obtained without going through a holder, because it is not known to many and unspecified persons, such as having access to the media, such as publications, etc.; and the term “the holder of the information has an independent economic value” refers to the fact that the owner of the information can obtain, or needs considerable expenses or effort for the acquisition or development of the information through the use of the information, the benefit of competition to the competitor or that considerable economic value is kept confidential; and the term “where the information is kept confidential by considerable effort” refers to the fact that the information has been objectively maintained and managed by the user, including, but not limited to, a person subject to access to the information or a person who has access to the information, who has been subject to access to the information, imposed a duty to observe the information, etc. (see, e.g., Supreme Court Decision 2008Do16136.