영업비밀 침해로 인한 국제소송에 관한 검토 -준거법 문제를 중심으로-

This article addresses legal discussion for private international law(hereinafter, PIL)’s issues on trade secret infringement. This article reviews if the trade secret shall be deemed an intellectual property in PIL. According to alternativity of aspect, either Art. 24 or Art. 32 and its relevant provisions shall be applied. Apart from substantial laws, PIL ought to leave trade secret outside the category of intellectual property. This is because the single connecting factor of Art. 24 hardly provides reasonable resolution for complicated issues of foreign trade secret infringement. Foreign trade secret infringement has many facets of singularity. Multiple place of infringement for single trade secret; Ubiquitous succeeding infringements from single prior infringement; Multiple parties involved in single trade secret infringement etc. To deal with these singularities and provide well-rounded resolution, Art 8 of PIL shall come into play with the leverage of closest connection factor. Secret holder's main place of business and Art. 32, 33 of tort take key roles in deciding applicable law. Applying Art. 32(4) to determine whether the treble damage rule of the United States conflict against social order of lex fori , recent movement of Trade Secret Act renovation in Korea which adopts punitive damages shall be noted.