All appeals filed by the prosecutor against the Defendants are dismissed.

The summary of the grounds for appeal (fact-finding) is that the respective files listed in the table in the attached Form 1 of the judgment of the court below and the four copies of the scamet drawings (hereinafter referred to as "the files and drawings of this case") for both pages are trade secrets or major assets of the damaged company.

Judgment

Article 2 Subparag. 2 of the former Unfair Competition Prevention and Trade Secret Protection Act (amended by Act No. 13081, Jan. 28, 2015) provides that "trade secret means a production method, sale method, and other technical or managerial information useful for business activities, which are not known to the public and have independent economic value."

Therefore, all of the above requirements should be met to apply the instant information to trade secrets. Here, “no known information” refers to information that cannot be obtained without going through a holder because it is not known to many and unspecified persons, such as publications, etc., and “the owner of information has an independent economic value.” The term “the owner of information has an independent economic value” means: (a) the owner of information may benefit in competition to competitors through the use of information; or (b) the need for considerable expenses or effort for the acquisition or development of information; and (c) the phrase “where it is kept confidential by considerable effort” means a state in which it is recognizable that information is maintained and managed objectively as confidential, such as indicating or notifying that the information is confidential; (d) the person who may have access to the information or access to the information; or (e) imposing a duty to keep confidential information on those who have access to the information.

(see, e.g., Supreme Court Decision 2009Da12528, Jul. 14, 201). The Unfair Competition Prevention and Trade Secret Protection Act (amended by Act No. 13081, Jan. 1, 201) is below the same.