UNFAIR COMPETITION PREVENTION AND TRADE 
SECRET PROTECTION ACT  
 
Wholly Amended by Act No. 3897, Dec. 31, 1986  
Amended by Act No. 4478, Dec. 31, 1991  
Act No. 5454, Dec. 13, 1997  
Act No. 5621, Dec. 31, 1998  
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  
 
 
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 of trade secrets.  
IP/N/1/KOR/U/5 
Page 3[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 2 (Definitions)  
The terms used in this Act shall be defined as follows:  
1. The term "Acts of unfair competition" means anyof the following acts:  
(a) An act of causing confusion with another person's goods byusing signs identicaI or similar to 
another person's name, trade name, trademark, container or package of goods or any other 
sign widely known in the Republic of Korea as an indication of goods, or by selling, distributing, 
importing or exporting goods with such signs;  
(b) An act of causing confusion with another person's commercial facilities or activities by using 
signs identical or similar to another person's name, trade name, emblem or any other sign 
widely known in the Republic of Korea as an indication of commerc e; 
(c) In addition to the act of causing confusion provided in item (a) or (b), an act of doing damage to 
distinctiveness or reputation attached to another person's sign by using the sign identical or 
similar to another person's name, trade name, trademark, container or package of goods; or 
any other sign widely known in the Republic of Korea as an indication of goods or commerce, 
or by selling, distributing, importing or exporting goods with such signs, without due cause as 
prescribed by Presidential Decree for instance noncommercial use;  
(d) An act of causing confusion about the source of origin by falsely marking the source of origin 
on goods or in an advertisement, on the trade documents communicated to the public or in 
communications, or by selling, distributing, importing or exporting goods falsely marked with 
the source of origin;  
(e) An act of making a mark on goods, advertisements, trade documents communicated to the 
public or in communications, or selling, distributing, importing or exporting goods marked with 
a mark that would mislead the public into believing that the place of production, manufacture 
or processing is different from the actual place of production, manufacture or processing;  
IP/N/1/KOR/U/5 
Page 4(f) An act of falsely assuming another person's goods, or an act of advertizing any goods or 
making a mark in any manner of leading the public to misunderstand their quality, content, 
manufacturing process, usage, or quantity, in latter goods or advertisement thereof,or selling, 
distributing, importing or exporting goods using such method or mark;  
(g) An act of using a trademark, without due cause, on goods identical or similar to thedesignated 
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 before such act was conducted:  
(ⅰ) Any party to the Paris Convention for the Protection of Industrial Property (hereinafter 
referred to as the"Paris Convention");  
(ⅱ) Any member state of the World Trade Organization;  
(ⅲ)Any signatory state of the Trademark Law Treaty;  
(h) An act of registering, holding, transferring or using a domain name identical or similar to 
another person's name, tradename, trademark, or other mark, which is widely recognized in 
the Republic of Korea, by an unlawful holder for any of the following purposes:  
(ⅰ) The purpose of selling or renting a mark, including a trademark, to an lawful holder or a third 
party;  
(ⅱ) The purpose of preventing a lawful holder from registering or using a domain name;  
(ⅲ) Other purpose of obtaining any commercial profits;  
(i) An act of transferring, renting, exhibiting, importing or exporting goods whose shape has been 
copied (referring to the form, image, color, gloss or any combination of these, including the 
shape of any test product and the shape in goods brochure; hereinafter the same shall apply) 
from the goods manufactured by any other person: Provided, That either of the following acts 
IP/N/1/KOR/U/5 
Page 5shall be excluded herefrom:  
(ⅰ) An act of transferring, renting, exhibiting, importing or exporting goods whose shape has 
been manufactured by counterfeiting the shape of the other goods for which three years 
elapse from the date on which the shape of the other goods, including when the prototype 
was produced, was completed;  
(ⅱ) An act of transferring, renting, exhibiting, importing or exporting goods whose shape has 
been manufactured by counterfeiting the common shape of goods that are identical to the 
goods manufactured by any other person (where the goods of the same kind are 
nonexistent, referring to other goods whose function or utility is identical or similar to the 
relevant goods);  
2. The term "trade secret" means information, including a production method, sale method, useful 
technical or business information for business activity, that is not known publicly, is the subject of 
considerable effort to maintain its secrecy and has independent economic value;  
3. The term "Infringement of trade secrets" means any of thefollowing:  
(a) 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 improperly 
(including informing any specific person of the trade secret while under a duty to maintain 
secrecy; hereinafter the same shall apply);  
(b) Acquiring trade secrets or using or disclosing them with the knowledge that an act of improper 
acquisition of the trade secrets has occurred or when the lack of such knowledge was caused 
by gross negligence;  
(c) After trade secrets have been acquired, using or disclosing them with knowledge that an act of 
improper acquisition of the trade secrets has occurred or when the lack of such knowledge 
was caused by gross negligence;  
IP/N/1/KOR/U/5 
Page 6(d) Using or disclosing trade secrets to obtain improper benefits or to damage the owner of the 
trade secrets while under a contractual or other duty to maintain secrecy of the trade secrets;  
(e) Acquiring trade secrets, or using or discIosing them with the knowledge that the trade secrets 
have been disclosed in the manner provided in item (d) or when gross negligence was the 
cause of the disclosure or the lack of such knowledge;  
(f) After acquiring trade secrets, using or disclosing them with the knowledge that they had been 
disclosed in a manner provided in item (d), or when gross negligence was the cause of the 
disc1osure or the lack of such knowledge;  
4. The term "domain name" means a number, a letter, or a sign, or any combination of these, which 
falls under an Internet address composed of numbers.  
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 2-2 (Business for Unfair Competition Prevention and Trade Secret Protection)  
The Commissioner of the Korean Intellectual Property Office may, for prevention of unfair 
competitive act and protection of trade secret, engage in research, education and public relations, 
construction and operation of an information management system for unfair competition prevention, 
and other business prescribed by Presidential Decree.  
[This Article Newly Inserted by Act No. 9537, Mar. 25, 2009]  
 
CHAPTER Ⅱ PROHIBITION OF UNFAIR COMPETITIVE ACTS  
Article 3 (Prohibited Use of National Flags and National Emblems, etc.)  
(1) A person may not use as a trademark a symbol that is identical or similar to the national flag, 
emblem or other insignia of any contracting state to the Paris Convention, a member of the World 
Trade Organization, or contracting state to 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 
IP/N/1/KOR/U/5 
Page 7international organization concerned.  
(2) A person may not use as a trademark a symbol that is identical or similar to any indication of 
inspection or certification of the government of any contracting state to the Paris Convention, a 
member of the World Trade Organization or contracting state to the Trademark Law Treaty: 
Provided, That the same shall not apply where such use isauthorized by the government of the state 
concerned.  
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 3 -2 (Prohibition of Use o f Geographic Mark Protected Under Free Trade Agreement, etc.)  
(1) As to ageographic mark protected under a free trade agreement which is concluded on a bilateral or 
multilateral level and takes effect between or among the Republic of Korea, of the one party, and a 
foreigncountry or foreign countries, of the other party (hereafter referred to as "geographicmark" in 
this Article), in addition to the act of unfair competition under subparagraphs 1 (d) and (e) of Article 2, 
no unlawful holder may conduct any act falling under the following subparagraphs with respect to 
the goods having the place of origin other than 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. Usingageographic mark separately, in addition to the authentic place of origin;  
2. Using ageographic mark which is translated or trans literated;  
3. Using ageographic mark with the expression of "kind", "type", "mode", "counterfeit" or other 
expressions.  
(2) No unlawful holder may conduct any act falling under the following subparagraphs:  
1. An act of transferring or delivering goods with a geographic mark in a manner falling under each 
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 falling under subparagraph 1 (d) 
IP/N/1/KOR/U/5 
Page 8or (e) of Article 2, or an act of exhibiting for any aforementioned purpose.  
(3) Notwithstanding the provisions of paragraph (1), a person who uses a trademark in a manner falling 
under 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 ofthe use of the trademark pursuant to 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.  
[Newly Inserted by Act No. 10810, Jun. 30, 2011]  
Article 4 (Injunction against Acts of Unfair Competition, etc.)  
(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 seek a court injunction or preventive order against a person 
who engages in an act of unfair competition or a violation of Article 3-2 (1) or (2) or intends to do so. 
<Amended by Act No. 10810, Jun. 30, 2011>  
(2) When a person seeks legal action as referred to in paragraph (1), he/she may also do so for the 
following measures: <Amended by Act No. 10810, Jun. 30, 2011>  
1. Destruction of the goods that promotean act of unfair competition or a violation of Article 3-2 (1) 
or (2);  
2. Removal of the facilities used duringanact 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 preventan act of unfair competition or a violation of 
Article 3-2 (1) or (2).  
IP/N/1/KOR/U/5 
Page 9[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 5 (Liability for Compensation of Damages from Acts of Unfair Competition, etc.)  
A person whocauses damage toanother person's business interestbyintentionally 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 damages. <Amended by Act No. 10810, Jun. 30, 20 11> 
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 6 (Restoration of Credit Damaged by Unfair Competitive Act, Etc.)  
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 any unfair competitive act committed intentionally in the case of 
subparagraph 1 (c) of Article 2) to take a measure necessary for restoringthe business reputation in 
addition to or in lieu of compensation for damagesas prescribed in Article 5, upon receiving a claim 
from a person whose business interest is infringed bythe act of unfair competition or the act of 
violation of Article 3-2 (1) or (2).  
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 7 (Investigation, etc. of Unfair Competitive Act, etc.)  
(1) If deemed necessary to ascertain where or not an act of unfair competition as provided for in 
subparagraph 1 (a) through (g) of Article 2 or a violation as referred to in Article 3, and Article3-2 (1) 
or (2) has occurred, the Commissioner of the Korean Intellectual Property Office, the Special 
Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Governing 
Province Governor (hereinafter referred to as the "Mayor/Do Governors") or the head of a 
Si/Gun/Gu(referring to the head of an autonomous Gu; hereinafter the same shall apply) may have 
are lated public official enter a business or manufacturing facilities to examine relevant documents, 
books, or products, or to collect the least amount of products necessary for testing and inspecting 
IP/N/1/KOR/U/5 
Page 10them. <Amended by Act No. 10810, Jun. 30, 2011>  
(2) Where the Commissioner of the Korean Intellectual Property Office, a Mayor/Do Governor, or the 
head of a Si/Gun/Gu conducts the investigation under paragraph (1), he/she shall avoid overlapping 
investigations pursuant to Article 15 of the Framework Act on Administrative Investigations. <Newly 
Inserted by Act No. 10810, Jun. 30, 2011>  
(3) A public official who conducts the investigation, etc. under paragraph (1) shall carry a certificate 
indicating his/her authority and produce it to interested parties. <Amended by Act No. 10810, Jun. 30, 
2011>  
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 8 (Corrective Recommendation to Violations)  
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 as provided for in subparagraph 1 (a) 
through (g) of Article 2 or a violation as referred to in Article 3 and Article 3-2 (1)or (2) has occurred, 
he/she may issue a corrective recommendation to the person to cease the act or to remove or 
destroy the mark used in the act within a specific period not exceeding 30 days. <Amended by Act No. 
10810, Jun. 30, 2011>  
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 9 (Hearing of Opinions)  
If deemed necessary to issue a corrective recommendation as prescribed in Article 8, the 
Commissioner of the Korean Intellectual Property Office, a Mayor/Do Governor, or the head of 
aSi/Gun/Gu shall hear the opinions of the relevant party, interested persons or witnesses as 
prescribed by Presidential Decree. <Amended by Act No. 10810, Jun. 30, 2011>  
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
 
CHAPTER Ⅲ PROTECTION OF TRADE SECRETS  
IP/N/1/KOR/U/5 
Page 11Article 10 (Injunction against Infringement of Trade Secrets, etc.)  
(1) A person who possesses trade secrets may seek a court prohibition or preventive order against a 
person who infringes or is likely to infringe trade secrets, if the business interest of the person who 
possesses the trade secrets is damanged or is likely to be damaged by the infringement.  
(2) If a person who possesses trade secrets files a claim under paragraph (1) of this Article, the person 
may request the destruction of goods used in the infringement, the removal of facilities used in the 
infringement or any other measures necessary to prohibit or prevent the infringement.  
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
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 
damages.  
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 12 (Restoration of Reputation of Person Possessing Trade Secrets)  
For a person who damages the business reputation of a person possessing trade secrets through 
an intentional or negligent infringement of trade secrets, the person possessing the trade secrets 
may request the court for necessary measures to restore the business reputation in lieu of or in 
addition to compensation for damages under Article 11.  
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 13 (Special Cases on Bona Fide Persons)  
(1) The provisions of 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) "A person who has properly acquired trade secrets" in paragraph (1) means a person who has 
obtained trade secretwithout the knowledge and without gross negligence that the trade secrets 
IP/N/1/KOR/U/5 
Page 12were improperlydisclosed or thatan act of improper acquisition or of improper disclosure of the trade 
secrets occurred when acquired under subparagraph3 (c) or (f) of Article 2.  
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 14 (Prescription)  
When an infringement of trade secrets continues, the right to request the prohibition or prevention of 
the infringement of trade secrets under Article 10 (1) expires unless the right is exercised within 
three years of the date of actual knowledge that the business interest of the person possessing the 
trade secrets was damaged or threatened to be damaged by an infringing person and of the actual 
knowledge of the infringing person's identity. The same shall also apply where ten years have 
elapsed after the date on whichthe act of infringement first occurred.  
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
 
CHAPTER Ⅳ SUPPLEMENTARY PROVISIONS  
Article 14-2 (Presumption, etc. on the Amount of Damages)  
(1) Where a person whose business interests have been infringed by an act of unfair competition, a 
violence as referred to in Article 3-2 (1)or (2) or infringement of trade secrets claims compensation 
for damages under Article 5 or 11, and where the person who has infringed the business interests 
transfers the goods causing the act of unfair competition, violence as referred to in Article 3-2 (1)or 
(2) or infringement of trade secrets, the amount obtained by multiplying the transferred amount in 
subparagraph 1 by the presumed profit per unit in subparagraph 2, may be set as damages for the 
person whose business interest has been infringed. In such cases, the compensation may not 
exceed an amount calculated by multiplying the estimated profit per unit by the number of articles 
that the person whose business interest has been infringed could have produced subtracted by the 
numb er of units actually sold: Provided, That where a person whose business interest has been 
IP/N/1/KOR/U/5 
Page 13infringed was unable to sell the product for reasons other than the act of unfair competition, violence 
referred to in Article 3-2 (1) or (2), or infringement of trade secrets, a sum calculated according to 
the number of articles subject to the reasons shall be deducted: <Amended by Act No. 10810, Jun. 30, 
2011>  
1. The amount of goods transferred;  
2. Profit per unit quantity of the goods which a person whose business interest has been infringed 
would have been able to sell, if there had been no such act of unfair competition, violence as 
referred to in Article 3-2 (1)or (2)or infringement of trade secrets.  
(2) Where a person whose business interests have been infringed by an act of unfair competition, 
violence as referred to in Article 3-2 (1)or (2) or infringement of trade secrets claims compensation 
for damages under Article 5 or 11, the profits gained by the infringer through the infringement, if any, 
are presumed to be the amount of damages suffered by the person whose business interests have 
been infringed. <Amended by Act No. 10810, Jun. 30, 2011>  
(3) Where a person whose business interests have been infringed by an act of unfair competition, 
violence as referred to in Article 3-2 (1)or (2) or infringement of trade secrets claims compensation 
for damages under Article 5 or 11, he/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 violence referred to in Article 3-2 (1) or (2), or for using 
trade secrets that were the object of the infringement. <Amended by Act No. 10810, Jun. 30, 2011>  
(4) Where the amount of actual damages caused by an act of unfair competition, violence as referred to 
in Article 3-2 (1)or (2) or infringement of trade secrets exceeds the amount underparagraph (3), the 
excess amount may also be claimed as compensation for damages.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 by Act No. 10810, Jun. 30, 2011>  
(5) Wherethe court recognizes the difficulty of proving the amount of damage that has occurred in 
IP/N/1/KOR/U/5 
Page 14litigation related to an act of unfair competition, violence referred to in Article 3-2 (1)or (2) or 
infringement of trade secrets owing to the nature of the case, the courtmay determine a resonable 
amount after examining the evidence and reviewing all the arguments of damage on the basis of the 
entiretenor of oral proceedings and the results of evidence investigations,notwithstanding 
paragraphs (1) through (4). <Amended by Act No. 10810, Jun. 30, 2011>  
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 14-3 (Submission of Materials)  
In litigation related to the infringement of business interests through an act of unfair competition, 
violation as 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 
damages caused by the infringement: Provided, That the same shall not apply where the holder of 
such materials has a justifiable reason for the refusal of the submission thereof.  
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 15 (Relation to other Acts)  
(1) If any provision of the Patent Act, the Utility Model Act, the Design Protection Act, the Trademark Act, 
the Agricultural Products Quality Control Act, or the Quality Control of Fishery Products Act is 
inconsistent with the provisions of Articles 2 through 6 and 18 (3) of this Act, such provisions of the 
relevant Acts shall preferentially apply. <Amended by Act No. 10810, Jun. 30, 2011>  
(2) If any provision concerning the national flag or emblem referred to in the Monopoly Regulation and 
Fair Trade Act, the Act on Fair Indication and Advertisement, or the Criminal Act is inconsistent with 
the provisions ofsubparagraph 1 (d) through (f) of Article 2 and Articles 3 through 6 and 18 (3) of this 
Act, such provisions of the relevant Acts shall preferentially apply.  
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 16 Deleted. <by Act No. 5621, Dec. 31, 1998>  
Article 17 (Entrustment of Duties, etc.)  
IP/N/1/KOR/U/5 
Page 15(1) Deleted. <by Act No. 10810, Jun. 30, 2011>  
(2) The Commissioner of the Korean Intellectual Property Office may entrust the duties of research, 
education, public relations, and construction and operation of an information management system 
provided for in Article 2-2 to a corporationor organization (hereafter referred to as the "specialized 
organization" in this Article) related to the duties of protection of industrial property rights or 
prevention of unfair competition prescribed by Presidential Decree. <Newly Inserted by Act No. 9537, 
Mar. 25, 200 9> 
(3) The Commissioner of the Korean Intellectual Property Office, Mayor/Do Governors, or heads of 
Sis/Guns/Gus may receive support from a specialized organization if necessary for performing the 
duties under Article 7 or 8. <Newly Inserted by Act No. 9537, Mar. 25, 2009; Act No. 10810, Jun. 30, 2011>  
(4) The provisions of Article 7 (3) shall apply mutatis mutandis to those who engage in the support 
duties under paragraph (3). <Newly Inserted by Act No. 9537, Mar. 25, 2009>  
(5) The Commissioner of the Korean Intellectual Property Office may fully or partially subsidize the 
expenses incurred in the duties entrusted under paragraph (2) and the support duties under 
paragraph (3) within budgetary limits. <Newly Inserted by Act No. 9537, Mar. 25, 2009>  
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 17 -2 (Legal Fiction as Public Officials in Application of Penal Provisions)  
Those who engage in support duties under Article 17 (3) shall be deemed public officials in 
application of penal provisions under Articles 127 and 129 through 132 of the Criminal Act.  
[This Article Newly Inserted by Act No. 9537, Mar. 25, 2009]  
Article 18 (Penal Provisions)  
(1) Any person who has used useful trade secrets of any enterprise abroad for the purpose of making 
an illegal profit or causing damage to such enterprise or has acquired, used, or leaked such trade 
secrets to any third party with knowing that they are used or will be used overseas shall be punished 
by imprisonment with prison labor for not more than ten years or by a fine equivalent to the amount 
IP/N/1/KOR/U/5 
Page 16ranging from not less than two times to not more than ten times the amount of the profit in property. 
<Amended by Act No. 9895, Dec. 30, 2009>  
(2) Any person who has acquired or used useful trade secrets of any enterprise for the purpose of 
making an illegal profit or causing damage to such enterprise or has leaked the trade secrets to any 
third party shall be punished by imprisonment with prison labor for not more than five years or by a 
fine equivalent to the amount ranging from not less than two times to not more than ten times the 
amount of the profit in property.  
(3) Any person who falls under any of the following subparagraphs shall be punished by imprisonment 
for not more than three years or by a finenot exceeding 30 million won:  
1. Any person who engages in an act of unfair competition under subparagraph 1 of Article 2 
(excluding items (h) and (i));  
2. Any person who, in violation of Article 3, uses as a trademark a symbol that is identical or similar 
to the insignia or indication of the following:  
(a) The national flag, national emblem or other insignia of a party to the Paris Convention, a 
member state of the World Trade Organization, or a signatory 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 signatory state of the Trade mark Law Treaty.  
(4) The imprisonment and fine referred to in paragraphs (1) and (2) may be concurrently imposed.  
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 18-2 (Attempted Crime)  
Any person who has attempted to commit a crime provided for in Article 18 (1) and (2) shall be 
punished.  
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
IP/N/1/KOR/U/5 
Page 17Article 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 prison labor for not more than three years or by a fine not exceeding 20 million 
won. 
(2) Any person who intends or conspires to commit a crime under Article 18 (2) shall be punished by 
imprisonment with prison labor for not more than two years or by a fine not exceeding ten million 
won. 
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
 
Article 19 (Joint Penal Provisions)  
If a representative of a juristic person or an agent, employee or anyother servant of a juristic person 
or individual commits an offence falling under any of Article 18 (1) through (3) in connection with the 
activities of such juristic person or individual, not only shall such actor be punished accordingly, but 
such juristic person or individual shall also be imposed by a fine prescribed in the relevant Articles: 
Provided, That this shall not apply where such juristic person or individual is not negligent in giving 
due care and supervision to prevent such offence with regard to the relevant activities.  
[This Article Wholly Amended by Act No. 9225, Dec. 26, 2008]  
Article 20 (Fines for Negligence)  
(1) A person who refuses, interferes with, or evades investigation or collection by the relevant public 
official under Article 7 (1) shall be imposed by a fine for negligence not exceeding 20 million won.  
(2) Fines for negligence referred to in paragraph (1) shall be imposed and collected by the 
Commissioner of the Korean Intellectual Property Office, Mayor/Do Governors, or heads of 
Sis/Guns/Gus, as prescribed by Presidential Decree. <Amended by Act No. 10810, Jun. 30, 2011>  
(3) through (5) Deleted. <by Act No. 9895, Dec. 30, 2009>  
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
IP/N/1/KOR/U/5 
Page 18 
ADDENDUM  
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.  
[This Act shall enter into force on December 15, 1992 under Presidential Decree No. 13781, 
December 14, 1992]  
(2) (Transitional Measures concerning Act, etc. 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 Penal Provisions) In the application of penal provisions to any 
act of infringing on trade secrets which has been committed before this Act enters into force, the 
former 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 
IP/N/1/KOR/U/5 
Page 19prohibition or prevention of any act of infringing on trade secrets which has been committed before 
this Act enters into force, the former 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 Penal Provisions) With respect to the persons who have 
committed any unfair competitive act under the amended provisions of subparagraph 1 (c) and (g) of 
Article 2, notwithstanding the provisions of Article 18 (3), the penal provisions under the same 
paragraph of the same Article shall not apply 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 former provisions of Article 18 (1) and (2) 
before this Act enters into force shall be governed by the former 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>  
IP/N/1/KOR/U/5 
Page 20This 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.  
 
 
__________  
IP/N/1/KOR/U/5 
Page 21