영업비밀의 비밀관리성 요건

Abstract

The purpose of this study is to analyze the legal protection system of trade secrets in Korea from a standpoint of secrecy and management, and show the guideline in comment and legislation. Trade secrets became the legal protective object in the early 1990s in Korea through the revision of the Unfair Competition Prevention Law by the external factor, that is, demand of international harmony on the system of intellectual property. In the consequence of this reason, the company and the nation are rarely concerned about the legal protection system of trade secrets, and lawsuit is changed. Economic espionage is increased and the company and the nation’s concerns and lawsuits on trade secrets are increased. As a result, the legal protection system of trade secret is fixed as necessary in Korea. In this essay first look at the existing argument for secrecy and management requirement in Trade secret law. In addition, it examine the secrecy and management guideline in Korea and guideline’s a point in drawback. The essay then examine critical discussion of existing argument ; a brief history of Trade secret law, new argument , the standard justifications and the potential benefits for the secrecy and management. The existing argument is no standard justifications and verification of potenial benefits. It might be able to deny the protection for trade secret law because the negative discussion is too critical. So, the standard justifications and potential benefits should be analyzed more carefully before any decision about the secrecy and management requirement is made. Also nature and level of trade secrecy and character and practice of industry should be analyzed more carefully. Then it should define the reasonable and effective secrecy and management of trade secret law.