영업비밀의 보호 : 부정경쟁방지및영업비밀보호에관한법률 제2조 제3호 라.목을 중심으로

다국어 초록 (Multilingual Abstract)

In Korea, The recent amendment to the Unfair Competition Prevention and Business Secret Protection Law, which became effective 21 July 2004, has redoubled its efforts against industrial espionage. However, in spite of the Korean government's such efforts to revise the relevant laws and regulation for the effective enforcement on the industrial spies, is not yet sufficent to protect the holder´s civil rights of business(trade) secret and to formulate the workable standard to fit all criminal protection against economic espionage. And recently the Industrial Technology Outflow Prevention and Protection Law, which became effective 28 April 2007, was be established in September. 2006. The purpose of this articles is to explain especially the Unfair Competition Prevention and Business Secret Protection Law §3ⅲ and reviews legal confliction of employer and the employee regarding a secret maintenance duty of the business in the labor contract, including the case which does not have the clear contract regulation or the clear labor contract regarding a secret maintenance obligation and the case which business secret infrigement occurs after retiring of the employee. This articles suggests some methods with the principle of legal balance between the holder´s rights of business(trade) secret and the profit of the employee as the secret maintenance obligatory person (including the employee after retiring, considering the freedom of occupation selection at the constitutional law), and the profit of the competitive dealers to solve the confliction fundamentally.

목차 (Table of Contents)

• Ⅰ. 서설
• Ⅱ. 부정경쟁방지법상 영업비밀 침해행위의 유형
• 1. 영업비밀보유자의 관리를 떠난 태양에 의한 분류
• 2. 부정경쟁행위자별 침해행위에 따른 분류
• Ⅲ. 영업비밀의 의의ㆍ보호요건과 법적성격
• 1. 영업비밀의 의의
• 2. 영업비밀의 보호요건
• 3. 영업비밀의 법적성격
• Ⅳ. 퇴직후 종업원의 직업선택의 자유와 경업피지의무 및 비밀유지의무의 충돌문제
• 1. ‘부정경쟁방지법 제2조 제3호 라.목’에 관한 일반론
• 2. 퇴직한 종업원에 대한 경업피지계약 혹은 비밀유지계약의 유효성 여부
• Ⅴ. 결론
• 참고문헌
• Abstract