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(영문) 대구지방법원 2018.10.11 2017고단5777
업무상배임
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On April 15, 2009, the Defendant is a person who was employed as a researcher of a victim C& corporation established for the purpose of research, development, and sale of electronic, electricity, communications parts manufacturing, and security lights, etc., and was employed as an appointed researcher on December 24, 2015, while serving as a senior researcher on December 24, 2015. On January 1, 2016, the Defendant is a person who was employed as a full-time researcher on January 1, 2016 (the Defendant is employed as a full-time researcher on August 1, 2016) to be transferred to D for the purpose of manufacturing LED lighting, lighting equipment manufacturing, etc.

On the other hand, in order to prevent the external leakage of the EDR technology, the injured company is demanding not only officers and employees to use, disclose, or divulge the business secrets after retirement, but also a pledge to the effect that it does not use, disclose, or divulge the business secrets even after retirement, and the internal network (joint server) in which the data on the business secrets in the technical research institute exclusively in charge of the research on the development of products are stored is also required to limit the access authority so that the contents of the business team can not be perused except for part of the quality team. In addition, the technology research institute's access card was provided only to employees belonging to the technical research institute so that only the research institute can access the research institute's employees for the purpose of allowing them to access the research institute's employees other than the business hours. The product design is known to the effect that the reproduction and distribution of the drawings without the approval

It is making reasonable efforts to maintain the confidentiality of the business technology of the company, such as specifying the word "".

Therefore, the Defendant, as an employee of the victimized company, has a duty not to divulge any data developed in the victimized company and stored and managed as business secrets to the competing company or to use such data for his own interest, not only the business secrets related to the manufacture of street lamps, tunnels, lighting lights, etc. developed by the victimized company.

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