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(영문) 청주지방법원 2019.03.14 2017고단1722
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

Defendant

A Imprisonment with prison labor for six months and for four months, respectively.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

A serving as the director of the research institute of the victim D (hereinafter “victim”) for the purpose of manufacturing and selling the valleys located in Heak-gu, Chungcheongnam-gu, Cheongju from January 13, 1997 to March 31, 2016, and established and operated a processed food research and manufacturing enterprise under the trade name “E” on May 9, 2016 immediately after retirement from the damaged company. Defendant B worked as the director of the research institute of the victimized company from October 1, 2002 to July 8, 2016, and worked as an employee of the above “E” established by Defendant A from August 201, 206 immediately after retirement from the victimized company.

Damage companies are companies that manufacture and sell so-called food additives, and have made 12 national businesses through self-research since its establishment in around 1977 to the present, and registered 28 patent rights and 16 trademark rights, and have invested a lot of funds to improve the manufacturing technology of food additives, such as paying approximately 16.8 billion won for the construction of facilities (research equipment and machinery) necessary for the research and development expenses of food additives.

On October 23, 2015, the injured company has strictly managed trade secrets by enacting a security inspection rules and prohibiting the outflow of company's assets from its employees, returning all company assets from the retired workers, holding or using them after retirement, and receiving "information protection pledges" with the purport that no transfer is made to the same company within one year. On October 23, 2013, it has strengthened the security of public structures by installing a research institute access control system and providing education to its employees to keep trade secrets from time to time, and from October 7, 2015, it has conducted research and developed food production technology, such as food products manufactured by the victimized company.

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