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(영문) 창원지방법원 2016.12.07 2016고정885
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 30, 2014, the Defendant was employed as the responsible research institute of the Victim C Co., Ltd. and was in charge of the development of the small digging season, and voluntarily withdrawn on January 5, 2016.

The victim is an enterprise established for the purpose of the manufacturing business of small-sized excavation machines, small-sized construction machinery, agricultural rops, agricultural transportation vehicles, and components. The victim has obtained the government's approval of the necessity for the development of the ultra-small digging devices and the originality of technology (one ton of the first rop engine in the world, and one ton of the engines, the durability of which has improved in the internal structure of the power transmission system by installing a unique accelerator between the engine and hydrotension pumps) and received the government's contributions on August 2014 in accordance with the agreement on the technical development project for small and medium-sized enterprises in early 2014, "the name of the business: one self-employed creative enterprise, the name of the task: the differentiated technology development of the first rop engine, the second rop engine, the development of technology at the early rop, the development period of technology development from the government to August 7, 2015 (total 12 months).

In addition, the victims are currently developing and completing the development of the small mining ranger and parts related thereto, and produce prototypes of the small mining ranger, develop Category B and Category C model and set up two-dimensional mass production, and currently have the highest technical power and know-how in the domestic small mining ranger field.

On the other hand, the victim, as a self-employed creative enterprise, regularly provide security education to the defendant, who is an employee, to protect technical data related to manufacturing, including core upper devices (Engines, winger valves, fuel tank, oil tank, string tank, ground boom, base boom), work equipment (booms, base booms, base booms), lower-class equipment (nicks, roller, roller, her, design drawings, and part list), and then demands a security oath to the effect that “any confidential information belonging to the company shall not be disclosed in whole after retirement,” as well as intrusion upon outside persons.

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