UNFAIR COMPETITION PREVENTION AND TRADE
SECRET PROTECTION ACT 
 
 
 
 
Act No. 5621, Dec. 31, 1998 
Amended by Act No. 5814, Feb.   5, 1999 
Act No. 6421, Feb.   3, 2001 
Act No. 7095, Jan. 20, 2004 
Act No. 7289, Dec. 31, 2004 
Act No. 8767, Dec. 21, 2007 
Act No. 9225, Dec. 26, 2008 
Act No. 9537, Mar. 25, 2009 
Act No. 9895, Dec. 30, 2009 
Act No. 10810, jun. 30, 2011 
Act No. 11112, Dec.   2, 2011 
Act No. 11963,  Jul. 30, 2013 
Act No. 13081, Jan. 28, 2015 
Act No. 13844, Jan. 27, 2016 
Act No. 14033, Feb. 29, 2016 
Act No. 14530, Jan. 17, 2017 
Act No. 14839,  Jul. 26, 2017 
Act No. 15580, Apr. 17, 2018 
Act No. 16204, Jan.   8, 2019 
Act No. 17529, Oct. 20, 2020 
Act No. 17727, Dec. 22, 2020 
Act No. 18548, Dec.   7, 2021 
Act No. 19289, Mar. 28, 2023 
 
 
 
CHAPTER I GENERAL PROVISIONS 
 
Article 1 (Purpose)
The purpose of this Act is to maintain orderly trade by preventing acts of unfair competition such as
improper use of domestically well-known trademarks and trade names, and by preventing infringement oftrade secrets.
 
Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended on Dec. 2, 2011; Jul. 30, 2013; Jan. 28, 2015; Apr.
17, 2018; Jan. 8, 2019; Dec. 7, 2021; Mar. 28, 2023>
1. The term "act of unfair competition" means any of the following acts:
(a) An act of causing confusion with another person's goods by using a mark that is identical or
similar to another person's name, trade name, trademark, or container or package of goods, or any
other mark indicating another person's goods (hereafter in this item referred to as "another person's
product mark"), which is widely recognized in the Republic of Korea; or by selling or distributing, or
importing or exporting goods bearing such mark, without any good cause specified as follows:
(b) An act of causing confusion with another person's business facilities or activities by using a mark
that is identical or similar to another person's name, trade name, emblem, or any other mark
indicating another person's business (including methods of selling products and offering services, or
overall appearance of the business place such as signs, exterior, and interior decorations; hereafter in
this item referred to as "another person's business mark"), which is widely recognized in the Republic
of Korea, without any good cause specified as follows:
(c) In addition to an act of causing confusion prescribed in item (a) or (b), an act of doing damage to
distinctiveness or reputation attached to another person's mark by using a mark that is identical or
similar to another person's name, trade name, trademark, or container or package of goods, or any
other mark indicating another person's goods or business (with respect to a mark indicating another
person’s business, including the methods of selling products and offering services or overall
appearance of a business place such as signs, exterior, and interior decorations; hereafter in this item,
the same shall apply), which is widely recognized in the Republic of Korea, or by selling or
distributing, or importing or exporting goods bearing such marks without any good cause specified as
follows:
(d) An act of causing a misunderstanding about the place of origin by making false marks of the place
of origin on goods, or on trade documents or in communications by means of advertisements of the
goods or in a manner that makes the public aware of the marks; or by selling, distributing, importing,
or exporting goods bearing such marks;
(e) An act of making a mark that would mislead the public into believing that goods are produced,
manufactured, or processed at places, other than the actual places of production, manufacture, or
processing, on goods, or on trade documents or in communications by means of advertisements of the
goods or in a manner that makes the public aware of the mark; or selling, distributing, importing, or
exporting goods bearing such mark;
(f) An act of falsely assuming another person's goods or an act of advertising any goods or making a
mark in any manner of leading the public to misunderstand their quality, content, manufacturingprocess, usage, or quantity, in the goods or advertisement thereof, or selling, distributing, importing,
or exporting goods using such method or mark;
(g) An act of using a trademark, without good cause, on goods identical or similar to the designated
goods of the trademark, or an act of selling, distributing, exporting, or importing goods with such
trademark, by an agent or a representative of the owner of the trademark that is identical or similar to
a trademark registered in any of the following countries or by a person who was an agent or a
representative within one year of the date of such act:
(h) An act of registering, holding, transferring, or using a domain name identical or similar to,
another person's name, trade name, or trademark, or any other mark, which is widely recognized in
the Republic of Korea, by a person who does not have a legitimate title for any of the following
purposes:
(i) The purpose of selling or lending a mark, including a trademark, to a person who has a legitimate
title concerning the mark or a third party;
(j) An act of unfairly using information which includes another person’s technical or business ideas
with economic value in the process of negotiating or conducting transactions such as a business
proposal, auction, and public offering for his or her business interests or the business interests of a
third party in violation of the purpose of the provision or an act of providing such information to
another person so that he or she can take advantage of it: Provided, That this shall not apply if the
person provided with such ideas is already knowledgeable about them or such ideas are well known
in the relevant industry;
(k) An act of unfairly using data (referring to technical or business information that is provided to a
specific person or a large number of specific persons for business, a substantial amount of which has
been accumulated and managed by electronic means, and which is not managed as a secret, among
the data defined in subparagraph 1 of Article 2 of the Framework Act on Promotion of Data Industry
and Data Utilization; hereinafter the same shall apply), which falls under any of the following:
(l) An act of infringing on another person's economic interests by using mark that can distinguish the
individual's identity, such as name, portrait, voice, or signature, which is widely recognized in the
Republic of Korea and has economic value, for one's own business without permission, in a manner
contrary to fair commercial practices or competition order;
(m) Any other acts of infringing on other persons’ economic interests by using the outcomes, etc.
achieved by them through substantial investment or efforts, for one’s own business without
permission, in a manner contrary to fair commercial practices or competition order;
2. The term "trade secret" means information, including a production method, sale method, useful
technical or business information for business activities, which is not known publicly, is managed as a
secret, and has independent economic value;
3. The term "infringement of trade secrets" means any of the following acts:(a) An act of acquiring trade secrets by theft, deception, coercion, or other improper means
(hereinafter referred to as "act of improper acquisition"), or subsequently using or disclosing the trade
secrets improperly acquired (including informing any specific person of the trade secret while under a
duty to maintain secrecy; hereinafter the same shall apply);
(b) An act of acquiring trade secrets or using or disclosing the trade secrets improperly acquired, with
knowledge of the fact that an act of improper acquisition of the trade secrets has occurred or without
such knowledge due to gross negligence;
(c) An act of using or disclosing trade secrets after acquiring them, with knowledge of the fact that an
act of improper acquisition of the trade secrets has occurred or without such knowledge due to gross
negligence;
(d) An act of using or disclosing trade secrets to obtain improper benefits or to cause damage to the
owner of the trade secrets while under a contractual or other duty to maintain secrecy of the trade
secrets;
(e) An act of acquiring trade secrets, or using or disclosing them with the knowledge of the fact that
they have been disclosed in the manner prescribed in item (d) or that such disclosure has been
involved, or without such knowledge due to gross negligence;
(f) An act of using or disclosing trade secrets after acquiring them, with the knowledge of the fact that
they have been disclosed in a manner prescribed in item (d) or that such disclosure has been involved,
or without such knowledge due to gross negligence;
4. The term "domain name" means a number, a letter, or a sign, or any combination thereof, which
constitutes an Internet address composed of numbers.
 
Article 2-2 (Establishment of Basic Plans)
(1) To prevent unfair competition and protect trade secrets (hereinafter referred to as "unfair competition
prevention, etc."), the Commissioner of the Korean Intellectual Property Office shall establish a basic plan
for the prevention of unfair competition, etc. (hereinafter referred to as "basic plan") every five years in
consultation with the heads of the relevant central administrative agencies.
(2) A basic plan shall include the following matters:
1. Basic objectives and directions for unfair competition prevention, etc.;
2. Analysis and evaluation of the previous basic plans for unfair competition prevention, etc.;
3. Changes in and prospects for domestic and overseas conditions related to unfair competition
prevention, etc.;
4. Current status of and response to disputes arising in connection with unfair competition prevention,
etc.;
5. Improvement of systems and statutes or regulations related to unfair competition prevention, etc.;
6. Matters relating to cooperation among the State, local governments, and the private sector in unfair
competition prevention, etc.;7. International cooperation related to unfair competition prevention, etc.;
8. Other matters necessary for unfair competition prevention, etc.
(3) Where deemed necessary to establish a basic plan, the Commissioner of the Korean Intellectual
Property Office may request the heads of relevant central administrative agencies to provide necessary
materials. In such cases, the heads of the relevant central administrative agencies in receipt of such request
shall comply therewith, unless there is a compelling reason not to do so.
(4) The Commissioner of the Korean Intellectual Property Office shall notify a basic plan to the heads of
relevant central administrative agencies and the Special Metropolitan City Mayor, a Metropolitan City
Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province
Governor (hereinafter referred to as "Mayor/Do Governor").
[Previous Article 2-2 moved to Article 2-5 <Oct. 20, 2020>]
 
Article 2-3 (Establishment of Action Plans)
(1) The Commissioner of the Korean Intellectual Property Office shall establish and implement a detailed
plan to fulfill a basic plan (hereinafter referred to as "action plan") every year.
(2) Where necessary to establish and implement an action plan, the Commissioner of the Korean
Intellectual Property Office may request cooperation from the heads of relevant institutions, such as State
agencies, local governments, public institutions under the Act on the Management of Public Institutions,
or special corporations established under other statutes.
 
Article 2-4 (Fact-Finding Surveys)
(1) The Commissioner of the Korean Intellectual Property Office shall conduct a fact-finding survey each
year to obtain basic data for establishing and implementing a basic plan and action plan: Provided, That a
fact-finding survey may be conducted occasionally, where deemed necessary by the Commissioner of the
Korean Intellectual Property Office.
(2) The Commissioner of the Korean Intellectual Property Office may request the head of any public
research institute defined in the Technology Transfer and Commercialization Promotion Act to submit
data necessary for conducting fact-finding surveys under paragraph (1). In such cases, the head of the
institute requested to submit data shall cooperate therein, unless there is a compelling reason not to do so
as prescribed by Presidential Decree, such as the maintenance of corporate business or trade secrets.
(3) The specific scope, etc. of preparing data in conducting fact-finding surveys under paragraph (1) shall
be prescribed by Presidential Decree.
 
Article 2-5 (Business for Unfair Competition Prevention and Trade Secret Protection)
For the prevention of acts of unfair competition and protection of trade secrets, the Commissioner of the
Korean Intellectual Property Office may engage in activities to lay a foundation therefor such as research,
education, and public relations, establishment and operation of an information management system for theprevention of unfair competition, and other business prescribed by Presidential Decree. <Amended on Oct.
20, 2020>
[Moved from Article 2-2 <Oct. 20, 2020>]
 
CHAPTER II PROHIBITION OF ACTS OF UNFAIR 
COMPETITION 
 
Article 3 (Prohibition of Use of National Flags and National Emblems)
(1) No person shall use as a trademark a symbol that is identical or similar to the national flag, emblem, or
other insignia of any party to the Paris Convention, any member state of the World Trade Organization, or
any contracting state of the Trademark Law Treaty, a mark of an international organization: Provided,
That the same shall not apply where such use is authorized by the state or international organization
concerned.
(2) No person shall use as a trademark a symbol that is identical or similar to any mark of inspection or
certification of the government of any party to the Paris Convention, any member state of the World Trade
Organization, or any contracting state of the Trademark Law Treaty: Provided, That the same shall not
apply where such use is authorized by the government concerned.
 
Article 3-2 (Prohibition of Use of Geographic Marks Protected under Free Trade Agreements)
(1) As to a geographic mark protected under a free trade agreement which is concluded bilaterally or
multilaterally and takes effect between the Republic of Korea and a foreign country, or foreign countries,
(hereafter in this Article referred to as "geographic mark"), in addition to the act of unfair competition
under subparagraph 1 (d) and (e) of Article 2, any person who does not have a legitimate title shall not
conduct any of the following acts with respect to the goods whose place of origin is not the one indicated
in the geographic mark concerned (limited to goods that are identical to or recognized to be identical to the
goods with the relevant geographic mark):
1. Using a geographic mark separately, in addition to the authentic place of origin;
2. Using a geographic mark which is translated or transliterated;
3. Using a geographic mark with the expression of "kind", "type", "mode", "counterfeit", or other
expressions.
(2) Any person who does not have a legitimate title shall not conduct any of the following acts:
1. An act of transferring or delivering goods with a geographic mark in a manner referred to in any
subparagraph of paragraph (1), or an act of exhibiting, importing, or exporting such goods for any
aforementioned purpose;
2. An act of delivering goods with a geographic mark in a manner referred to in subparagraph 1 (d) or
(e) of Article 2, or an act of exhibiting for any aforementioned purpose.(3) Notwithstanding paragraph (1), a person who uses a trademark in a manner referred to in any
subparagraph of paragraph (1) and has satisfied all the following requirements may continue to use the
relevant trademark on the goods that have been used by the person:
1. That the relevant trademark shall be used at home prior to the date when the protection of a
geographic mark commences;
2. The outcome of the use of the trademark under subparagraph 1 shall reveal that domestic consumers
recognize the relevant trademark as the one indicated on any particular person's goods on the date when
the protection of a geographic mark commences.
 
Article 3-3 (Request for Prevention of Misunderstanding or Confusion)
Another person referred to in subparagraph 1 (a) or (b) of Article 2 may request any of the following
persons to make an indication necessary to prevent any misunderstanding or confusion between the source
of such person's goods or business and that of his or her goods or business:
1. A person who falls under subparagraph 1 (a) (i) or (ii) of Article 2;
2. A person who falls under subparagraph 1 (b) (i) or (ii) of Article 2.
 
Article 4 (Right to Request Prohibition of Acts of Unfair Competition)
(1) A person whose business interest is injured or threatened by an act of unfair competition or a violation
of Article 3-2 (1) or (2) may file a request, with the court, for prohibition or prevention against any person
who conducts or intends to conduct an act of unfair competition or a violation of Article 3-2 (1) or (2).
<Amended on Jun. 30, 2011>
(2) When a person files a request under paragraph (1), he or she may also request the following measures:
<Amended on Jun. 30, 2011>
1. Destruction of the goods that promote an act of unfair competition or a violation of Article 3-2 (1) or
(2);
2. Removal of the facilities used during an act of unfair competition or a violation of Article 3-2 (1) or
(2);
3. Cancellation of registration of the domain name which is the object of an act of unfair competition or
a violation of Article 3-2 (1) or (2);
4. Any other measures necessary to prohibit or prevent an act of unfair competition or a violation of
Article 3-2 (1) or (2).
(3) The right to file a request for prohibition or prevention of an act of unfair competition under paragraph
(1) shall be extinguished by the expiration of prescription, where a person, whose business interest is
injured or threated if an act of unfair competition continues, fails to exercise the right to request the
prohibition or prevention of an act of unfair competition referred to in subparagraph 1 (j) of Article 2
within three years from the date on which he or she becomes aware of the fact that the act of unfair
competition undermines or threatens his or her business interest and the person who commits such act ofunfair competition. The same shall also apply when 10 years elapse from the date the act of unfair
competition begins. <Newly Inserted on Mar. 28, 2023>
 
Article 5 (Liability for Compensation of Damage from Acts of Unfair Competition)
A person who causes damage to another person's business interest by intentionally or negligently engaging
in an act of unfair competition or an act of violation of Article 3-2 (1) or (2) (only referring to an act of
unfair competition committed intentionally in the case of subparagraph 1 (c) of Article 2) shall be liable
for compensation of damage. <Amended on Jun. 30, 2011>
 
Article 6 (Restoration of Reputation Damaged by Acts of Unfair Competition)
The court may order a person who has damaged the business reputation of another person by intentionally
or negligently engaging in an act of unfair competition or an act of violation of Article 3-2 (1) or (2) (only
referring to an act of unfair competition committed intentionally in the case of subparagraph 1 (c) of
Article 2) to take a measure necessary for restoring the business reputation in addition to or in lieu of
compensation for damage prescribed in Article 5, upon receipt of a claim from a person whose business
interest is infringed by the act of unfair competition or the act of violation of Article 3-2 (1) or (2).
 
Article 7 (Investigation of Acts of Unfair Competition)
(1) The Commissioner of the Korean Intellectual Property Office, a Mayor/Do Governor, or the head of a
Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) may
allow a related public official to enter the business facilities or manufacturing facilities for an inspection of
relevant data or products or to collect the least amount of products necessary for an inspection, where it is
necessary, and otherwise it is impractical, to ascertain whether an act of unfair competition referred to in
subparagraph 1 of Article 2 (excluding items (h) and (m)) or a violation of Article 3 or 3-2 (1) or (2) is
committed. <Amended on Jun. 30, 2011; Jan. 27, 2016; Jan. 17, 2017; Apr. 17, 2018; Oct. 20, 2020; Dec. 7, 2021;
Mar. 28, 2023>
(2) Where the Commissioner of the Korean Intellectual Property Office, the Mayor/Do Governor, or the
head of a Si/Gun/Gu conducts the investigation under paragraph (1), he or she shall avoid overlapping
investigations pursuant to Article 15 of the Framework Act on Administrative Investigations. <Newly
Inserted on Jun. 30, 2011>
(3) Where the Commissioner of the Korean Intellectual Property Office, a Mayor/Do Governor, or the
head of a Si/Gun/Gu becomes aware of the fact that mediation of a dispute under Article 43 of the
Invention Promotion Act (hereinafter referred to as "dispute mediation") is pending due to the same case
as that of a person subject to investigation in the course of the investigation under paragraph (1), he or she
may suspend the investigation in consideration of the intentions of both parties. <Newly Inserted on Oct. 20,
2020>(4) Where a dispute is mediated, the Commissioner of the Korean Intellectual Property Office, a
Mayor/Do Governor, or the head of a Si/Gun/Gu may terminate the investigation. <Newly Inserted on Oct.
20, 2020>
(5) A public official who conducts the investigation, etc. under paragraph (1) shall carry a certificate
indicating his or her authority and produce it to interested parties. <Amended on Jun. 30, 2011; Oct. 20, 2020>
(6) Other matters necessary for procedures, etc. for investigation into acts of unfair competition, etc. shall
be prescribed by Presidential Decree. <Newly Inserted on Oct. 20, 2020>
 
Article 8 (Recommendations for Correction of Violations)
(1) If the Commissioner of the Korean Intellectual Property Office, a Mayor/Do Governor, or the head of a
Si/Gun/Gu recognizes that an act of unfair competition provided in subparagraph 1 of Article 2 (excluding
items (h) and (m)) or a violation referred to in Article 3 or 3-2 (1) or (2) has occurred, he or she may issue
a recommendation necessary for correction to the person to cease the act or violation, to remove or modify
the mark, etc. used in the act or violation, or to prevent recurrence of the act or violation, within a specific
period not exceeding 30 days. <Amended on Jun. 30, 2011; Jan. 17, 2017; Apr. 17, 2018; Oct. 20, 2020; Dec. 7,
2021>
(2) Where a person who has committed a violation fails to comply with a recommendation for correction
under paragraph (1), the Commissioner of the Korean Intellectual Property Office, a Mayor/Do Governor,
or the head of a Si/Gun/Gu may publish the details of the violation, the fact that he or she has made the
recommendation for correction, etc. <Newly Inserted on Oct. 20, 2020>
(3) Procedures and methods for publication under paragraph (2), and other necessary matters shall be
prescribed by Presidential Decree. <Newly Inserted on Oct. 20, 2020>
 
Article 9 (Hearing of Opinions)
If deemed necessary for a recommendation for correction and publication under Article 8, the
Commissioner of the Korean Intellectual Property Office, a Mayor/Do Governor, or the head of a
Si/Gun/Gu shall hear opinions of the relevant party, interested persons, or witnesses, as prescribed by
Presidential Decree. <Amended on Jun. 30, 2011; Oct. 20, 2020>
 
CHAPTER III PROTECTION OF TRADE SECRETS 
 
Article 9-2 (Certification of Original Document of Trade Secrets)
(1) In order to have an electronic document certified as to whether it is an original document containing
trade secrets, a person who possesses trade secrets may file for registration of the unique identification
value extracted from the relevant electronic document (hereinafter referred to as "electronic fingerprint")
with an agency that certifies the original documents of trade secrets under Article 9-3.(2) Where the electronic fingerprint registered under paragraph (1) and the electronic fingerprint extracted
from the electronic document kept by a person who possesses trade secrets are the same, an agency that
certifies the original documents of trade secrets under Article 9-3 may issue a certificate verifying that the
relevant electronic document is the original registered with the electronic fingerprint (hereinafter referred
to as "certificate of the original document").
(3) A person who has been issued with a certificate of the original document under paragraph (2), shall be
deemed to possess the information as stated in the relevant electronic document as at the time the
electronic fingerprint referred to in paragraph (1) is registered. <Newly Inserted on Jan. 28, 2015>
 
Article 9-3 (Designation of Original Document Certification Agency)
(1) The Commissioner of the Korean Intellectual Property Office may designate a person who has the
expertise in the duties of certifying electronic documents containing trade secrets as the original by using
electronic fingerprints (hereinafter referred to as "duties of certifying original documents"), as an agency
that certifies the original documents of trade secrets (hereinafter referred to as "original document
certification agency") in consultation with the Minister of Small and Medium-Sized Enterprises (SMEs)
and Startups. <Amended on Jul. 26, 2017>
(2) A person who intends to be designated as an original document certification agency shall file an
application therefor with the Commissioner of the Korean Intellectual Property Office after fulfilling the
requirements for professional manpower, facilities, etc. prescribed by Presidential Decree.
(3) The Commissioner of the Korean Intellectual Property Office may fully or partially subsidize the
expenses required by an original document certification agency to perform the duties of certifying original
documents.
(4) In order to ensure the safety and reliability of performance of duties of certifying original documents,
an original document certification agency shall comply with the matters prescribed by Presidential Decree
with respect to the following:
1. Extraction, registration, and safekeeping of electronic fingerprints;
2. Certification of original documents of trade secrets and the issuance of certificates of original
documents;
3. Management of professional manpower and protection of facilities necessary for performing the
duties of certifying original documents;
4. Operation, management, etc. of other duties of certifying original documents.
(5) Matters necessary for the criteria and procedures for the designation of an original document
certification agency shall be prescribed by Presidential Decree.
 
Article 9-4 (Corrective Orders to Original Document Certification Agency)
(1) Where an original document certification agency falls under any of the following cases, the
Commissioner of the Korean Intellectual Property Office may order it to take corrective measures within afixed period not exceeding six months:
1. Where it does not satisfy the requirements prescribed in Article 9-3 (2) any more after having been
designated as an original document certification agency;
2. Where it fails to comply with the matters prescribed by Presidential Decree under Article 9-3 (4).
(2) Where an original document certification agency uses the subsidies granted under Article 9-3 (3) for
any other purposes than the intended purpose, the Commissioner of the Korean Intellectual Property
Office shall order it to return the subsidies within a fixed period. <Amended on Mar. 28, 2023>
(3) Where an original document certification agency falls under any of the following cases, the
Commissioner of the Korean Intellectual Property Office may revoke the designation or may order it to
fully or partially suspend the duties of certifying original documents for a fixed period not exceeding six
months: Provided, That in the case of subparagraph 1 or 2, the designation shall be revoked:
1. Where the agency is designated by fraud or other improper means;
2. Where a person who has been ordered to fully or partially suspend the duties of certifying original
documents performs the duties of certifying original documents in violation of such order;
3. Where the agency fails to commence the performance of duties of certifying original documents
within six months from the date on which it is designated as an original document certification agency
or discontinues the performance of duties of certifying original documents for at least six consecutive
months, without good reason;
4. Where the agency fails to comply with the corrective order issued under paragraph (1) without good
reason;
5. Where the agency fails to comply with the order to return the subsidy issued under paragraph (2).
(4) An original document certification agency whose designation has been revoked under paragraph (3),
shall hand over the records related to the duties of certifying original documents, such as registered
electronic fingerprints and other records on the registration of electronic fingerprints, to another original
document certification agency designated by the Commissioner of the Korean Intellectual Property Office
within three months from the date on which the designation is revoked: Provided, That where the agency
is unable to hand over the records concerning the duties of certifying original documents for any
unavoidable reason, such as the rejection of the takeover thereof by another original document
certification agency, it shall notify such fact to the Commissioner of the Korean Intellectual Property
Office without delay.
(5) Where an original document certification agency whose designation has been revoked under paragraph
(3), fails to hand over the records related to the duties of certifying original documents or to notify the fact
that it is unable to hand over the records, the Commissioner of the Korean Intellectual Property Office
may issue an order to correct it.
(6) Detailed standards and procedures for the dispositions under paragraph (3) and matters necessary for
the handover and takeover under paragraph (4) shall be prescribed by Presidential Decree. 
Article 9-5 (Penalty Surcharges)
(1) Where the Commissioner of the Korean Intellectual Property Office is to issue an order for suspension
of duties under Article 9-4 (3) and such suspension of duties is likely to cause severe inconvenience to
persons who utilize the relevant original document certification agency or cause harm to public interest, he
or she may impose a penalty surcharge not exceeding 100 million won in lieu of the suspension order.
(2) Where a person who is subject to the imposition of penalty surcharge under paragraph (1), fails to pay
the penalty surcharge by the due date, the Commissioner of the Korean Intellectual Property Office shall
collect it in the same manner as delinquent national taxes are collected.
(3) The amount of a penalty surcharge and the method of calculation thereof according to the types and
gravity of violations subject to the imposition of penalty surcharges under paragraph (1), and other
necessary matters shall be prescribed by Presidential Decree.
 
Article 9-6 (Hearings)
If the Commissioner of the Korean Intellectual Property Office intends to revoke the designation or order
the suspension of duties under Article 9-4 (3), he or she shall hold a hearing.
 
Article 9-7 (Keeping Confidentiality)
(1) No person shall eliminate, damage, alter, forge, or leak any electronic fingerprints registered with an
original document certification agency or other information related thereto.
(2) No person who is, or was, an executive officer or employee of an original document certification
agency, shall divulge any confidential information he or she has learned in the course of performing his or
her duties.
 
Article 10 (Right to Request Prohibition of Infringement of Trade Secrets)
(1) A person who possesses trade secrets, may file a request, with the court, for prohibition or prevention
of infringement against any person who infringes or is likely to infringe trade secrets, if business interests
of the person who possesses the trade secrets is damaged or is likely to be damaged by such infringement.
(2) If a person who possesses trade secrets, files a request under paragraph (1), the person may request the
destruction of goods constituting the infringement, the removal of facilities used in the infringement, or
any other measures necessary to prohibit or prevent the infringement.
 
Article 11 (Liability for Damages for Infringement on Trade Secrets)
A person who damages the business interest of a person who possesses trade secrets through an intentional
or negligent infringement of trade secrets, shall be liable for compensation for such damage.
 Article 12 (Restoration of Reputation of Person Possessing Trade Secrets)
Upon receipt of a request from a person possessing trade secrets, the court may order a person who
damages business reputation of a person possessing trade secrets through an intentional or negligent
infringement of trade secrets, to take measures necessary to restore the business reputation in lieu of or in
addition to compensation for damage under Article 11.
 
Article 13 (Special Cases concerning Bona Fide Infringement of Trade Secrets)
(1) Articles 10 through 12 shall not apply to an act by a person who has properly acquired trade secrets
through a transaction or uses or discloses the trade secrets within the scope of the rights the person has
properly acquired through the transaction.
(2) "Person who has properly acquired trade secrets" in paragraph (1) means a person who has obtained
trade secrets without the knowledge and without gross negligence that the trade secrets were improperly
disclosed or that an act of improper acquisition or of improper disclosure of the trade secrets occurred
when he or she acquired under subparagraph 3 (c) or (f) of Article 2.
 
Article 14 (Prescription of Right to Request Prohibition of Infringement of Trade Secrets)
When infringement of trade secrets continues, the right to request prohibition or prevention of the
infringement of trade secrets under Article 10 (1) expires unless the right is exercised within three years
from the date on which a person possessing trade secrets learned the fact that business interests were
damaged or threatened to be damaged by an infringer and the identity of the infringer. The same shall also
apply where 10 years have elapsed after the date on which the act of infringement first occurred.
 
CHAPTER IV SUPPLEMENTARY PROVISIONS 
 
Article 14-2 (Estimating Damages)
(1) Where a person whose business interests have been infringed by an act of unfair competition, a
violation referred to in Article 3-2 (1) or (2), or infringement of trade secrets, claims compensation for
damage under Article 5 or 11; and where the person who has infringed the business interests transfers the
goods causing the act of unfair competition, violation referred to in Article 3-2 (1) or (2), or infringement
of trade secrets (hereafter in this paragraph referred to as "act of unfair competition or any other
infringement"), the sum of the following may be set as damages: <Amended on Jun. 30, 2011; Dec. 22, 2020>
1. The amount calculated by multiplying profits per unit quantity of the goods that a person whose
business interests have been infringed would have been able to sell if there had been no such act of
unfair competition or any other infringement, by the quantity not exceeding the quantity that the person
whose business interests have been infringed could have produced, subtracted by the quantity of the
goods actually sold, out of the quantity of the goods transferred (where the person whose business
interests have been infringed was unable to sell the goods for reasons other than the act of unfaircompetition or any other infringement, the quantity calculated by subtracting the quantity not sold for
such reasons other than the act of unfair competition or any other infringement);
2. Where, out of the quantity of the goods transferred, there exists any quantity exceeding the quantity
that the person whose business interests have been infringed could have produced, subtracted by the
quantity of the goods actually sold, or there exists any quantity that such person was unable to sell for
reasons other than the act of unfair competition or any other infringement, an amount that the he or she
would have reasonably receive if there had been no such act of unfair competition or any other
infringement.
(2) Where a person whose business interests have been infringed by an act of unfair competition, violation
referred to in Article 3-2 (1) or (2), or infringement of trade secrets, claims compensation for damage
under Article 5 or 11, the profits gained by the infringer through the infringement, if any, are estimated to
be the damages suffered by the person whose business interests have been infringed. <Amended on Jun. 30,
2011>
(3) Where a person whose business interests have been infringed by an act of unfair competition, violation
referred to in Article 3-2 (1) or (2), or infringement of trade secrets, claims compensation for damage
under Article 5 or 11, he or she may claim as damages the amount of money that the person would
normally be entitled to receive for using a mark applied to goods if the mark was the object of an act of
unfair competition or a violation referred to in Article 3-2 (1) or (2), or for using trade secrets that were the
object of the infringement. <Amended on Jun. 30, 2011>
(4) Where the amount of actual damage caused by an act of unfair competition, violation referred to in
Article 3-2 (1) or (2), or infringement of trade secrets exceeds the amount under paragraph (3), the excess
amount may also be claimed as compensation for damage. In such cases, when awarding damages, the
court may consider whether the person who has infringed the business interest was willful or grossly
negligent. <Amended on Jun. 30, 2011>
(5) Where the court recognizes in litigation the extreme difficulty, owing to the nature of the case, of
proving the damages that has occurred related to an act of unfair competition, violation referred to in
Article 3-2 (1) or (2), or infringement of trade secrets, the court may determine a reasonable amount on the
basis of the entire tenor of oral proceedings and the results of evidence investigations, notwithstanding
paragraphs (1) through (4). <Amended on Jun. 30, 2011>
(6) Where an act defined in subparagraph 1 (j) of Article 2 or infringement of trade secrets is found to be
willful, the court may determine the amount of compensation within the maximum of three times the
damages recognized under paragraphs (1) through (5), notwithstanding Article 5 or 11. <Newly Inserted on
Jan. 8, 2019; Oct. 20, 2020>
(7) In determining the amount of compensation mentioned in paragraph (6), the court shall take the
following into consideration: <Newly Inserted on Jan. 8, 2019>
1. Whether the infringer has a superior position;2. Whether the infringement has been done with willfulness or the level of awareness of the risk of
causing damage;
3. The scale of damage suffered by the person who possesses trade secrets as a result of the
infringement;
4. The economic benefits obtained by the infringer through the infringement;
5. The period, number, etc. of the infringement;
6. The fines imposed for the infringement;
7. The financial status of the infringer;
8. The relative degree of efforts made by the infringer to redress damage.
 
Article 14-3 (Submission of Materials)
In litigation related to the infringement of business interests through an act of unfair competition, violation
referred to in Article 3-2 (1) or (2), or infringement of trade secrets, the court may, upon the request of
either party, order the other party to submit materials necessary for the assessment of damage caused by
the infringement: Provided, That the same shall not apply where the holder of such materials has a good
reason for the refusal of the submission thereof. <Amended on Jun. 30, 2011>
 
Article 14-4 (Confidentiality Order)
(1) In litigation related to the infringement of business interests through an act of unfair competition,
violation referred to in Article 3-2 (1) or (2), or infringement of trade secrets, where the relevant party has
verified the accuracy of both of the following information as to the trade secrets held by him or her, the
court may order, by decision, the other party (in cases of a corporation, its representative), the relevant
party's legal counsel, or any other person who has acquired such trade secrets due to said litigation neither
to use such trade secrets for purposes other than for continuing said litigation nor to disclose such secrets
to persons other than those who have been ordered in relation to such secrets pursuant to this paragraph,
upon the request of the relevant party: Provided, That the same shall not apply where the other party (in
cases of a corporation, its representative), the relevant party's legal counsel, or any other person who has
acquired the trade secrets due to said litigation has already been aware of such secrets by a method other
than inspection of the legal brief or investigation of the evidence as referred to in subparagraph 1 as at the
time such request is made:
1. That the legal brief already submitted or to be submitted or the evidence already investigated or to be
investigated contains trade secrets;
2. The business secrets referred to in subparagraph 1, if used or disclosed for purposes other than for
conducting said litigation, are likely to impede the business operation of the relevant party, so that it is
required to place a restriction on the use or disclosure of such trade secrets in order to prevent the
impediment.(2) A request for issuing an order under paragraph (1) (hereinafter referred to as “confidentiality order”)
shall be made in a written form that indicates the following:
1. A person who will be subject to the confidentiality order;
2. The facts sufficient to specify the trade secrets to be protected by the confidentiality order;
3. The facts constituting the causes described in the subparagraphs of paragraph (1).
(3) Where the court has determined to issue a confidentiality order, it shall serve the written decision on
the person subject to the confidentiality order.
(4) A confidentiality order shall take effect when the written decision referred to in paragraph (3) is served
on the person subject to the confidentiality order.
(5) A relevant party may lodge an immediate complaint against a trial that has dismissed or rejected his or
her application for a confidentiality order.
 
Article 14-5 (Revocation of Confidentiality Order)
(1) A person who has requested a confidentiality order or a person subject to a confidentiality order may,
if he or she fails or ceases to satisfy the requirements under Article 14-4 (1), apply for the revocation of
the confidentiality order to the court that maintains the relevant trial record (where no such court exists,
referring to the court that has issued the confidentiality order).
(2) Where a trial is held in relation to a request for revocation of a confidentiality order, the court shall
serve the written decision on the person who has requested the revocation and the other party.
(3) A relevant party may lodge an immediate complaint against a trial related to his or her request for the
revocation of a confidentiality order.
(4) A trial revoking a confidentiality order shall take effect when it becomes final and conclusive.
(5) If there exists any person subject to a confidentiality order as to relevant trade secrets, other than the
person who has requested the revocation of the confidentiality order or the other party, the court that has
rendered a judgment to revoke the confidentiality order shall notify such person of the fact that the trial to
revoke the confidentiality order was held.
 
Article 14-6 (Notification of Request for Inspection of Trial Record)
(1) Where a decision under Article 163 (1) of the Civil Procedure Act has been rendered for the trial
record respecting a trial that has issued a confidentiality order (excluding trials revoking any and all
confidentiality orders) and there was a request by the relevant party to inspect the part containing the trade
secrets specified in the same paragraph or take any other similar action, but the procedures for such
request have been taken by a person not subject to a confidentiality order in the litigation at issue, a court
official of Grade IV, court official of Grade V, court official of Grade VI, or court official of Grade VII
(hereafter in this Article referred to as “court official of Grade V, etc.” in this Article) shall notify the
person who has made a request under Article 163 (1) of the Civil Procedure Act (excluding the person
who has requested the inspection, etc. thereof: hereafter in paragraph (3) the same shall apply) of the factthat a request for the inspection, etc. thereof was made immediately after such request.
(2) In the case of paragraph (1), until two weeks have elapsed from the date a request under paragraph (1)
was made (where a request for issuing a confidentiality order to the person who has taken procedures for
such request was made within the said period, until the time a trial regarding such request has become
final and conclusive), no court official of Grade V, etc. shall permit the person who has taken procedures
for such request to inspect the part containing the trade secrets specified in paragraph (1) or take any other
similar action.
(3) Paragraph (2) shall not apply where all the parties who have filed a request under Article 163 (1) of the
Civil Procedure Act give their consent to permitting the person who has requested inspection, etc. under
paragraph (1) to inspect the part containing the trade secrets specified in paragraph (1) or take any other
similar action.
 
Article 14-7 (Sending Records)
Where a lawsuit has been filed seeking compensation for damage under Article 5, the court may, if
necessary, demand that the Korean Intellectual Property Office send records of investigation into an act of
unfair competition, etc. prescribed in Article 7 (including a report on examination of a person interested in
the case, a person for reference or an appraiser, stenographic records, and other evidence that can be used
in court).
 
Article 15 (Relationship to Other Statutes)
(1) If any provision of the Patent Act, the Utility Model Act, the Design Protection Act, the Trademark
Act, the Agricultural and Fishery Products Quality Control Act, the Copyright Act, or the Personal
Information Protection Act is inconsistent with Articles 2 through 6 and 18 (3) of this Act, such provisions
of the relevant statutes shall preferentially apply. <Amended on Jun. 30, 2011; Jul. 30, 2013; Dec. 7, 2021>
(2) If any provision concerning the national flag or emblem referred to in the Monopoly Regulation and
Fair Trade Act, the Act on Fair Labeling and Advertising, the Fair Transactions in Subcontracting Act or
the Criminal Act is inconsistent with subparagraph 1 (d) through (f) and (j) through (m) of Article 2, and
Articles 3 through 6 and 18 (3) of this Act, such provisions of the relevant statutes shall preferentially
apply. <Amended on Jul. 30, 2013; Apr. 17, 2018; Dec. 7, 2021>
 
Article 16 (Payment of Monetary Rewards for Reports)
(1) The Commissioner of the Korean Intellectual Property Office may pay a monetary reward to a person
who files a report on a person who has conducted an act of unfair competition referred to in subparagraph
1 (a) of Article 2 (limited to cases related to registered trademarks defined in Article 2 (1) 10 of the
Trademark Act) within the budget. <Amended on Feb. 29, 2016>
(2) Standards for the payment of monetary rewards for reports and the methods and procedures therefor
under paragraph (1) shall be prescribed by Presidential Decree. 
Article 17 (Entrustment of Duties)
(1) Deleted. <Jun. 30, 2011>
(2) The Commissioner of the Korean Intellectual Property Office may entrust the duties related to laying a
foundation such as research, education, and public relations, and establishment and operation of an
information management system provided in Article 2-5 to a corporation or organization (hereafter in this
Article referred to as "specialized organization") related to the duties of protection of industrial property
rights or prevention of unfair competition prescribed by Presidential Decree. <Newly Inserted on Mar. 25,
2009; Oct. 20, 2020>
(3) The Commissioner of the Korean Intellectual Property Office, the Mayor/Do Governor, or the head of
a Si/Gun/Gu may receive assistance from a specialized organization if necessary for performing the duties
under Article 7 or 8. <Newly Inserted on Mar. 25, 2009; Jun. 30, 2011>
(4) Article 7 (5) shall apply mutatis mutandis to those who engage in assistance services under paragraph
(3). <Newly Inserted on Mar. 25, 2009; Jun. 30, 2011; Oct. 20, 2020>
(5) The Commissioner of the Korean Intellectual Property Office may fully or partially subsidize the
expenses incurred in the services entrusted under paragraph (2) and the assistance services under
paragraph (3) within the budget. <Newly Inserted on Mar. 25, 2009>
 
Article 17-2 Deleted. <Mar. 28, 2023>
 
Article 17-3 (Deemed Public Officials in Application of Penalty Provisions)
Those who engage in assistance services under Article 17 (3) shall be deemed a public official in
application of penalty provisions under Articles 127 and 129 through 132 of the Criminal Act.
[Moved from Article 17-2 <Jan. 27, 2016>]
 
Article 18 (Penalty Provisions)
(1) Any person who uses trade secrets in a foreign country or commits any of the following acts while
knowing that trade secrets will be used in a foreign country, shall be punished by imprisonment with labor
for not more than 15 years or by a fine not exceeding 1.5 billion won: Provided, That where he or she is
punished by a fine and the amount equal to 10 times the amount of proprietary benefits acquired by the
violation exceeds 1.5 billion won, a fine equal to 2 to 10 times the amount of proprietary benefits shall be
imposed: <Amended on Jan. 8, 2019>
1. Any of the following acts committed for the purpose of making an improper profit or causing damage
to a person who possesses trade secrets:
(a) Acquiring, using, or leaking to any third party, trade secrets;
(b) Unauthorized release of trade secrets out of a designated place;(c) Continuing to possess trade secrets even after a request to delete or return them by the person who
possesses such trade secrets;
2. Any act of acquiring trade secrets by steal, fraud, intimidation, or other improper means;
3. Any act of acquiring or using (except for the uses permitted under Article 13 (1)) trade secrets with
knowledge of the commission of an act described in subparagraph 1 or 2.
(2) Any person who commits an act described in any subparagraph of paragraph (1) shall be punished by
imprisonment with labor for not more than 10 years or by a fine not exceeding 500 million won: Provided,
That if where he or she is punished by a fine and the amount equal to 10 times the amount of proprietary
benefits acquired by the violation exceeds 500 million won, a fine equal to 2 to 10 times the amount of
proprietary benefits shall be imposed. <Amended on Jan. 8, 2019>
(3) Any of the following persons shall be punished by imprisonment with labor for not more than three
years or by a fine not exceeding 30 million won: <Amended on Jul. 30, 2013; Jan. 17, 2017; Apr. 17, 2018; Dec.
7, 2021>
1. A person who has engaged in an act of unfair competition under subparagraph 1 of Article 2
(excluding items (h), (j), (k) (i) through (iii), (l), and (m));
2. A person who has used as a trademark a symbol that is identical or similar to any of the following
insignias or marks in violation of Article 3:
(a) The national flag, national emblem, or other insignias of a party to the Paris Convention, a
member state of the World Trade Organization, or a contracting state of the Trademark Law Treaty;
(b) The mark of an international organization;
(c) The mark of inspection or certification of a party to the Paris Convention, a member state of the
World Trade Organization, or a contracting state of the Trademark Law Treaty.
(4) Any of the following persons shall be punished by imprisonment with labor for not more than one year
or by a fine not exceeding 10 million won: <Newly Inserted on Jul. 30, 2013>
1. A person who has eliminated, damaged, altered, forged, or leaked any electronic fingerprints
registered with an original document certification agency or any other information related thereto in
violation of Article 9-7 (1);
2. A person who has divulged any confidential information he or she learned in the course of
performing his or her duties in violation of Article 9-7 (2).
(5) Imprisonment with labor and a fine referred to in paragraphs (1) and (2) may be concurrently imposed.
<Amended on Jul. 30, 2013>
 
Article 18-2 (Attempted Crimes)
Any person who has attempted to commit a crime provided in Article 18 (1) and (2) shall be punished.
 
Article 18-3 (Criminal Intent and Conspiracy)(1) Any person who intends or conspires to commit a crime under Article 18 (1), shall be punished by
imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.
<Amended on Jan. 8, 2019>
(2) Any person who intends or conspires to commit a crime under Article 18 (2), shall be punished by
imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended
on Jan. 8, 2019>
 
Article 18-4 (Violation of Confidentiality Order)
(1) Any person who has violated a confidentiality order issued under Article 14-4 (1) without good cause
in the Republic of Korea or overseas, shall be punished by imprisonment with labor for not more than five
years or by a fine not exceeding 50 million won.
(2) No prosecution against a crime under paragraph (1) shall be instituted without a criminal complaint
thereof filed by an interested party.
 
Article 19 (Joint Penalty Provisions)
If the representative of a corporation or an agent or employee of, or other persons employed by, the
corporation or an individual commits any of the violations referred to in Article 18 (1) through (4) in
conducting the business affairs of the corporation or individual, the corporation or individual shall, in
addition to punishing the violators accordingly, be subject to a fine prescribed in the relevant Article:
Provided, That this shall not apply where the corporation or individual is not negligent in giving due care
and supervision to prevent such violation with regard to the relevant business affairs. <Amended on Jul. 30,
2013>
 
Article 20 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding 20 million won:
<Amended on Jul. 30, 2013>
1. A person who has refused, interfered with, or evaded investigation or collection by the relevant
public official under Article 7 (1);
2. A person who has failed to comply with a corrective order, in violation of Article 9-4 (5).
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Commissioner of the
Korean Intellectual Property Office, the Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by
Presidential Decree. <Amended on Jun. 30, 2011>
(3) Deleted. <Dec. 30, 2009>
(4) Deleted. <Dec. 30, 2009>
(5) Deleted. <Dec. 30, 2009>
 ADDENDUM <Act No. 3897, Dec. 31, 1986>
This Act shall enter into force on January 1, 1987.
 
 
ADDENDA <Act No. 4478, Dec. 31, 1991>
(1) (Enforcement Date) This Act shall enter into force on the date determined by Presidential Decree within
one year after the date of its promulgation.
(2) (Transitional Measures concerning Acts of Infringing on Trade Secret prior to Enforcement of This Act)
The amended provisions of Articles 10 through 12, and 18 (1) 3 shall not apply to any act of infringing on a
trade secret, which has been committed before this Act enters into force. The same shall also apply where
any person who has obtained or used a trade secret before this Act enters into force uses such trade secret
after this Act enters into force.
 
 
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
 
 
ADDENDA <Act No. 5621, Dec. 31, 1998>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1999.
(2) (Transitional Measures concerning Penalty Provisions) In the application of penalty provisions to any act
of infringing on trade secrets which has been committed before this Act enters into force, the previous
provisions shall apply.
(3) (Transitional Measures concerning Extinctive Prescription) Notwithstanding the amended provisions of
Article 14, with respect to the extinctive prescription of the right to file a claim for prohibition or prevention
of any act of infringing on trade secrets which has been committed before this Act enters into force, the
previous provisions shall apply.
 
 
ADDENDA <Act No. 5814, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1999.
Articles 2 through 5 Omitted.
 
 
ADDENDA <Act No. 6421, Feb. 3, 2001>(1) (Enforcement Date) This Act shall enter into force on July 1, 2001.
(2) (Special Cases concerning Application of Penalty Provisions) Notwithstanding Article 18 (3), the penalty
provisions under the same paragraph of the same Article shall not apply to persons who have committed any
act of unfair competition referred to in the amended provisions of subparagraph 1 (c) and (g) of Article 2, not
later than December 31, 2001.
 
 
ADDENDA <Act No. 7095, Jan. 20, 2004>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures) Any person who has violated the previous provisions of Article 18 (1) and (2)
before this Act enters into force shall be governed by the previous provisions.
 
 
ADDENDA <Act No. 7289, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
 
 
ADDENDUM <Act No. 8767, Dec. 21, 2007>
This Act shall enter into force on the date of its promulgation.
 
 
ADDENDUM <Act No. 9225, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
 
 
ADDENDUM <Act No. 9537, Mar. 25, 2009>
This Act shall enter into force on the date of its promulgation.
 
 
ADDENDUM <Act No. 9895, Dec. 30, 2009>
This Act shall enter into force three months after the date of its promulgation.
 
 
ADDENDUM <Act No. 10810, Jun. 30, 2011>This Act shall enter into force three months after the date of its promulgation: Provided, That the amended
provisions of Article 3-2, Articles 4 through 6, "Article 3-2 (1) or (2)" referred to in Article 7 (1), "Article 3-
2 (1) or (2)" referred to in Article 8, and Articles 14-2, 14-3 and 15 shall enter into force on the date when
the Free Trade Agreement Between the Republic of Korea and the European Union and its Member States
enters into force.
 
 
ADDENDUM <Act No.11112, Dec. 2, 2011>
This Act shall enter into force on the date the Free Trade Agreement between the Republic of Korea and the
United States of America (hereinafter referred to as the Agreement) and Exchange of Letters related to the
Agreement enters into force.
 
 
ADDENDUM <Act No. 11963, Jul. 30, 2013>
This Act shall enter into force six months after the date of its promulgation.
 
 
ADDENDA <Act No. 13081, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provision of
Article 9-2 (3) shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Presumption of Possessing Information in Issuing Certificate of Original
Document)
The amended provision of Article 9-2 (3) shall apply, beginning with the first issuance of a certificate of
the original document after the amended provision enters into force.
 
 
ADDENDUM <Act No. 13844, Jan. 27, 2016>
This Act shall enter into force on the date of its promulgation.
 
 
ADDENDA <Act No. 14033, Feb. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 19 Omitted.
 
 ADDENDUM <Act No. 14530, Jan. 17, 2017>
This Act shall enter into force six months after the date of its promulgation.
 
 
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation: Provided, That the amended part of a
statute which was promulgated before the enforcement of this Act, but the date on which it enters into
force has not yet arrived, among the statutes amended by Article 6 of the Addenda, shall enter into force
on the enforcement date of the relevant statute, respectively.
Articles 2 through 6 Omitted.
 
 
ADDENDUM <Act No. 15580, Apr. 17, 2018>
This Act shall enter into force three months after the date of its promulgation.
 
 
ADDENDA <Act No. 16204, Jan. 8, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Compensation for Damage)
The amended provisions of Article 14-2 (6) and (7) shall begin to apply from a trade secret infringement
committed after this Act enters into force.
 
 
ADDENDA <Act No. 17529, Oct. 20, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Compensation for Damage)
The amended provisions of Article 14-2 shall begin to apply to acts defined subparagraph 1 (j) of
Article 2 occurring on or after the date this Act enters into force.
 
 
ADDENDA <Act No. 17727, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.Article 2 (Applicability to Estimating Damages)
The amended provisions of Article 14-2 (1) shall begin to apply to compensation for damage claimed
on or after the date this Act enters into force.
 
 
ADDENDA <Act No. 18548, Dec. 7, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force on April 20, 2022: Provided, That the part concerning subparagraph 1 (l)
of Article 2, among the amended provisions of subparagraph 1 (l) of Article 2, Articles 15 (2), and 18
(3) 1, shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
 
 
ADDENDA <Act No. 19289, Mar. 28, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Acts of Unfair Competition Committed before
Enforcement of This Act)
Notwithstanding the amended provisions of subparagraph 1 (a) and (b) of Article 2, the previous
provisions shall apply to an act of unfair competition committed before this Act enters into force.
Article 3 (Transitional Measures concerning Prescription of Right to Request for Prohibition and
Prevention of Acts of Unfair Competition)
Notwithstanding the amended provisions of Article 4 (3), the prescription of the right to file a request
for the prohibition or prevention of an act of unfair competition prescribed in subparagraph 1 (j) of
Article 2 committed before this Act enters into force shall be governed by the previous provisions.
 
 
 
Last updated : 2023-10-12