영업비밀의 주요 쟁점에 대한 판례 동향

Enterprise is committed to producing as investing massive time and efforts to strengthen the competitiveness in market. Through such producing and consuming procedures, it comes to have the secrets in sales including the know-how for sales, which is kept by own enterprise. As the trade secret is the independent economic value while not known generally, it means the producing methods, selling methods and the information in technology or management, which is useful for other business activities, which have been maintained as secret through considerable efforts. Considering the situation of modern market with more of complicatedness, such trade secret should be protected more seriously in the dimension of technology competitiveness protection and national competitiveness strengthening. Since the leakage of enterprise’s secret in producing activities or new technology hinders even the industrial development of country, it is important for the country to make the best effort to trigger the sound competition and activate the enterprise’ investment activity. This is the reason why it is more and more emphasized in the global market economy system. The trade secret which is not disclosed as differently from patent is the information protection system of enterprise, which is preferred by modern enterprises. As per the trade secrets, there have been continuous issues occurred, such as the confidentiality of trade secrets which are protected as the trade secrets, the dispute following the labor’s movement to competitor after scout or retirement and the protection period of trade secret. Related to those, this paper examines this issue around domestic precedent trend