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(영문) 부산지방법원 2015.06.19 2012노3924
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)
Text

All the judgment below is reversed.

Defendant

A In 8 months of imprisonment, Defendant B shall be sentenced to six months of imprisonment, Defendant C, D, and E, respectively.

Reasons

1. Summary of grounds for appeal;

A. In the case of Defendant A, B, E, Busan, the captain-gun-gun of the Republic of Korea (hereinafter referred to as “Korea-U.S.”), the design drawings and various procedures (hereinafter referred to as “W”) of the damaged company W (hereinafter referred to as “W”) related to the First Power Plants M (hereinafter referred to as “Korea-U.S.”) of the High Atomic Energy Headquarters of the Republic of Korea (hereinafter referred to as “Korea-U.S.”). Of them, when the design drawings are specified, “the instant design drawings”, “the instant model drawings,” “the M production procedures, M performance test procedures, M domestic products maintenance and driving procedures,” etc. related to the List 2 of the judgment below, “the instant procedures” were specified, and the research and development expenses were made in accordance with the Korea-U.S. High Power Generation-U. 1, 2 domestically domestically-produced development projects, and the results were not owned by the holder of Korea-U.S.’s intellectual property rights from the beginning.

B) The confidentiality clause in the purchase contract of this case between Hanwon and W (the Parties shall maintain the security of all documents, data, results, and information, etc. related to the contract, and shall not be disclosed to any third party that is not directly related to the contract) is merely an example that is formally specified in the conclusion of the goods contract between Hanwon and the supplier. In this case, where the work is owned by Hanwon, the above provision cannot be applied, and the company that seeks to participate in competitive bidding constitutes “the third party directly related to the contract” as referred to in the above confidentiality clause, and in this respect, the above provision cannot be applied.

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