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(영문) 대법원 2016.09.28 2015도10703
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined together (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

“Business secrets” under Article 2 subparag. 2 of the former Unfair Competition Prevention and Trade Secret Protection Act (amended by Act No. 11963, Jul. 30, 2013) means the production method, sale method, and other technical or managerial information useful for business activities, which are not publicly known and have independent economic value.

Here, “public information is not known to the public” means that the information is not ordinarily obtained without being through a holder because it is not known to many and unspecified persons, such as the publication, etc., and “the owner of an independent economic value” means that the owner of the information can obtain competition benefits from the competitor or requires considerable expenses or effort to acquire or develop the information, or that “the information is kept confidential by considerable effort” means a situation in which it is recognizable that the information is kept in secret objectively, such as marking or notifying that the information is confidential, restricting access to the information, or imposing a duty to keep confidential information on the persons who have access to the information, etc. (see Supreme Court Decisions 2008Do3435, Jul. 10, 2008; 2011Do165, Jun. 14, 2013; 2016Do165, etc., the lower court found the Defendants guilty on the ground that it constitutes a design of the case as indicated in its reasoning.

B. A. The lower court determined as stated in its reasoning.

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