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(영문) 수원지방법원 2020.12.16 2019가합28433
취업금지등 청구의 소
Text

Of the instant lawsuits, all of the prohibition of employment, etc. and the claim for indirect compulsory performance against Defendant C shall be dismissed.

The plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established on October 6, 200 and engaged in wholesale and retail business for industry, etc.; Defendant B is a technical representative of the Plaintiff from January 1, 2012 to July 31, 2016; Defendant C is a director in charge of the Plaintiff’s business from January 1, 2012 to December 20, 2016; Defendant D is the head of the Plaintiff’s business division from January 1, 2012 to December 31, 2018; Defendant E is the Plaintiff’s principal from April 1, 2016 to February 28, 2019; and Defendant F is the head of the division from February 1, 2013 to October 31, 2018, respectively.

B. On January 2, 2012, Defendant B, C, and D drafted a trade secret protection pledge containing the following (hereinafter “instant trade secret pledge”) on April 1, 2016, and Defendant F, February 1, 2013, respectively.

A trade secret protection pledge

1. I will thoroughly observe the provisions of the Company relating to the production method, sale method and the protection of technical, business or managerial information useful for business activities (hereinafter referred to as “trade secret”) of a company, which is not known to the public in office and has independent economic value, and has been maintained in secret by considerable effort.

5. I will neither concurrently hold office as an officer or employee of the same or similar entity in which trade secrets may be divulged while in office nor cooperate with the entity by advisory advisers or any other means, and shall not divulge or disclose to a third party any trade secrets acquired while in office after retirement.

7. In order to protect the company's trade secrets, I will not start a business for themselves or be employed in such a business without the company's prior written consent for at least three years from the date of retirement, which is identical or similar to the products being produced by the company as of the date of retirement.

Provided, That where an employee intends to start a business or work for the same or similar production company, the company shall remarkably trade secrets of the company.

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