영업비밀의 요건과 업무상 배임죄에 관한 비판적 고찰

• 영문명: A Critical Study on Requirements for Trade Secret and A Crime of Occupational Breach of Trust -Focusing on Supreme Court Decision No.2009Do3915; June 30, 2011-
• 발행기관: 세창출판사
• 저자명: 정태호(Tae-Ho Jung)
• 간행물 정보: 『창작과 권리』2012년 봄호 (제66호), 123~160쪽, 전체 37쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.03.01

영문 초록

Article 2, Section 2 of Unfair Competition Prevention and Trade Secret Protection Act states that "Trade Secret" means information, including a production method, sale method, useful technical or business information for business activity, that is not known publicly, is the subject of considerable effort to maintain its secrecy and has independent economic value. Particularly, given the article, the "maintaining secrecy" is an important standard of judgment for trade secret. However, recently most courts is applying a crime of occupational breach of trust of the Criminal Act Article 356 to many cases related to infringement of trade secret based on "important business assets" since they strictly determine the standards on the existence of "maintaining secrecy" based on the application of the term "considerable effort". However, diverse analyses and arguments from a case can be occurred for the abuse of important business assets because the Criminal Act has not clearly defined the meaning of the "important business assets". According to this situations, it may be actually meaningless to insist on an act of infringement of trade secret based on Article 2, Section 2 of Unfair Competition Prevention and Trade Secret Protection Act. Thus, this paper studies the relations between requirements for trade secret and a crime of occupational breach of trust focusing on the recent Supreme Court Decision No.2009Do3915; June 30. 2011, which has trade secret and important business assets cases in it. Furthermore, this paper insists on relaxing standards of requirements for trade secret and critically analyses and examines the abuse of a crime of occupational breach of trust based on important business assets from the subject case.

목차

Ⅰ. 서론

Ⅱ. 대상 판결의 경위

Ⅲ. 영업비밀의 성립요건 검토

Ⅳ. 업무상 배임죄의 적용에 대한 검토

Ⅴ. 대상 판결과 외국의 동향 비교 검토

Ⅵ. 결론

참고문헌

Abstract

키워드

영업비밀 비밀관리성 상당한 노력 업무상 배임죄 영업상 주요한 자산 부정경쟁방지 및 영업비밀보호에 관한 법률 형법 trade secret maintaining secrecy considerable effort a crime of occupational breach of trust important business assets Unfair Competition Prevention and Trade Secret Protection Act Criminal Act