WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO   
 IP/N/1/KOR/U/3 
10 October 2011 
 
(11-4922) 
  
Council for Trade-Related Aspects  of Intellectual Property Rights  Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
REPUBLIC OF KOREA 
 
 The present document reproduces the text
1 of the Unfair Competition Prevention and Trade 
Secret Protection Act  (related to undisclosed information) a nd of the Enforcement Decree of the 
Unfair Competition Prevention and Trade Secret Prot ection Act, as notified by the Republic of Korea 
on 25 October 2010 under Article 63.2 of th e Agreement (see document IP/N/1/KOR/2). 
 
 Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
RÉPUBLIQUE DE CORÉE 
 
 Le présent document contient le texte
1 de la Loi sur la prévention de la concurrence déloyale 
et la protection des secrets commerciaux (visant le s renseignements non divulgués) et du Décret 
d'application y relatif, notifiés par la République de  Corée le 25 octobre 2010 au titre de l'article 63:2 
de l'Accord (voir le document IP/N/1/KOR/2). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA DE COREA 
  En el presente documento se reproduce el texto
1 de la Ley de Prevención de la Competencia 
Desleal y de Protección del Secreto Comercial (rel acionada con la informaci ón no divulgada) y de su 
Decreto de aplicación, notificados por la República de Corea el 25 de octubre de 2010 de conformidad 
con el párrafo 2 del artículo 63 del Ac uerdo (véase el documento IP/N/1/KOR/2).  
                                                      
1 In English only/En anglais seulement./En inglés solamente.   
  IP/N/1/KOR/U/3 
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  UNFAIR COMPETITION 
PREVENTION AND TRADE SECRET PROTECTION ACT 
 
  
CHAPTER I GENERAL PROVISIONS 
Article 1 (Purpose) The purpose of this Act is to maintain the order of sound transactions by preventing unfair competitive acts, such as unjust use of another per- son's trademark, trade name, etc., known to the 
public in Korea, and any act infringing on another person's trade secret. 
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007] 
 Article 2 (Definitions) The definitions of terms used in  this Act shall be as follows: 
1. The term "unfair competitive act" means any act falling under any of the following items: 
(a) Creating confusion between one's own goods and any other pe rson's goods, by using any one 
identical with or similar to a name, trade name, tr ademark, container or package of goods of the other 
person, or a mark indicating the other person's goods , known to the public in Korea, or by selling, 
distributing, importing or exporting goods us ing any of the above enumerated manners; 
(b) Creating confusion with any other person's business facilities or activities by using any one 
identical with or similar to the other person's name , trade name, or emblem, or other mark indicating 
the other person's business which is known to the public in Korea; 
(c) Other than creating confusion under items (a) and (b), damaging the identity of mark or the 
fame of any other person, by using any one identical with or similar to a name, trade name, trademark, or container and package of goods of the other pe rson, or other mark indicating the other person's 
goods or business, known to the public in Korea, without any justifiable grounds prescribed by 
Presidential Decree, such as non-commercial uses, or  by selling, distributing, importing or exporting 
goods using any of the above enumerated manners; (d) Misleading the public to understand the place of or igin of any goods either by falsely marking 
that place on any commercial document or communica tion, in said goods or any advertisement thereof 
or in any manner of misleading the general public, or by selling, distributing, importing or exporting 
goods bearing such false mark; 
(e) Making a mark misleading people to understa nd as if any goods were produced or processed 
in an area other than the place where said goods  are produced, manufactured or processed, on any 
commercial document or communication, in said goods  or any advertisement thereof, or in any 
manner of misleading the general public, or selling, distributing, importing or exporting goods bearing 
such mark; 
(f) Assuming any other person's goods, or public izing any goods or making a mark in any 
manner of leading the public to misunderstand their quality, contents, manufacturing process, use, or 
quantity, in latter goods or advertisement thereof,  or selling, distributing, importing or exporting 
goods using such method or mark; (g) Using the relevant trademark, without any ju stifiable grounds, on the goods identical with or 
similar to the designated goods of the trade- mark, or selling, distributing, exporting, or importing the 
goods that use the trademark by an agent or a representative of a holder of the right to a trademark 
registered in any of the following countries or to a similar trademark, or by a person who was an agent 
or a representative 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) Registering, holding, transferring or using th e domain name identical with or similar to the 
name, firm name, trademark, or other mark of any other person, which is widely known in Korea by 
any person who holds no justifiable title to do so for any of the following purposes: IP/N/1/KOR/U/3 
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  (i) The purpose of selling or renting marks, in cluding trademarks, to any person who holds a 
justifiable title thereto or any third party; 
(ii) The purpose of impeding the registration and use of the domain name by any person who 
holds the justifiable title therefor; 
(iii) Other purpose of making commercial profits; 
(i) Transferring, renting, exhibiting, importing or  exporting goods manufactured by counterfeiting the 
form (referring to the shape, appearance, color a nd gloss or the combined one of them, including the 
form of test products and the form in goods broc hure; hereinafter the same shall apply) of goods 
manufactured by other person: Provided, That any of the following acts shall be excluded here from: 
(i) Transferring, renting, exhibiting, importing or exporting goods manufactured by 
counterfeiting the form of goods for which three year s elapse from the date on which the form of the 
goods, including test products, takes shape; 
(ii) Transferring, renting, exhibiting, importing or exporting goods manufactured by 
counterfeiting the common form of goods identical  to goods manufactured by any other person 
(where the goods of the same kind are non-existent, referring to the goods identical or similar to other 
goods in terms of function and efficiency); 
2. The term "trade secret" means any technical or  operational information useful for any production 
and sale methods and other business activities, which is not known to the public, has an independent 
economic value, and has been maintain ed in secret by considerable effort; 
3. The term "act of infringing on trade secret" means any of the following acts: (a) Obtaining any trade secret by a larceny, fraud, menace, or other unfair means (hereinafter 
referred to as "unfair obtaining act"), or using tr ade secret so obtained or disclosing it to the public 
(including informing any specific person thereof while keeping it undisclosed ; hereinafter the same 
shall apply); (b) Obtaining any trade secret with knowing the f act that any unfair obtaining act was involved, 
or without knowing such fact by gross negligence, or using trade secret so obtained or disclosing it to 
the public; 
(c) Using any trade secret or disclosing it to the public with knowing the fact that any unfair 
obtaining act was involved after obtaining it, or without knowing such fact by gross negligence; (d) An act that a person obliged to keep any tr ade secret undisclosed owing to any contractual 
duty or otherwise, uses or discloses it to the public with the intention to obtai n any unfair profit or to 
inflict any damage on the person holding it; 
(e) Obtaining any trade secret with knowing the fact  that it is disclosed to  the public in such 
manner as provided for in item (d) above or the fact that such disclosing act was involved, or without 
knowing such fact by gross negligence, or using sai d trade secret so obtained or disclosing it to the 
public; (f) Using any trade secret or disclosing it to the public with knowing the fact that it is disclosed 
to the public in such manner as provided for in item  (d) or the fact that such disclosing act was 
involved after obtaining it, or without knowing such fact by gross negligence; 4. The term "domain name" means figures, letters, signs or the combined ones of them that are equivalent to digitalized addresses on the Internet. [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, enga ge 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] 
 IP/N/1/KOR/U/3 
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  CHAPTER II PROHIBITION, ETC. OF UNFAIR COMPETITIVE ACTS 
Article 3 (Prohibition of Use of National Flag or Emblem, etc.)  (1) Nothing identical with or similar to the national flag or emblem or other badges of a party to the 
Paris Convention, a member state of the World Trade Organization, or a signatory state of the 
Trademark Law Treaty, or a mark of any interna tional organization, may be used as trademark: 
Provided, That the same shall not apply where such use is permitted by the relevant state or international organization.  (2) Nothing identical with or similar to any mark for a control or certification which is used by the 
government of a party to the Paris Convention, a me mber state of the World Trade Organization, or a 
signatory state of the Trademark Law Treaty, may be  used as trademark: Provided, That the same 
shall not apply where such use is permitted by the government of the relevant state. 
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 4 (Claim for Prohibition of Unfair Competitive Act) 
 (1) Any person whose business profit is or might be infringed by any un- fair competitive act, may file 
a claim before a court for the prohibition or preventi on of such unfair competitive act against a person 
committing or attempting to do such act.  
(2) When the person files the claim referred to in pa ragraph (1), he/she may also file a claim for the 
measures in the following subparagraphs: 1. Disuse of goods that have constituted unfair competitive acts; 
2. Removal of facilities that are used for unfair competitive acts; 3. Cancellation of registration of the domain na me which became the object of unfair competitive 
acts; 
4. Other measures necessary to prohibit or prevent unfair competitive acts. [This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  Article 5 (Liability for Damages Caused by Unfair Competitive Act) Any person who infringes on anothe r person's business profit and inf licts any damage on another 
person by an unfair competitive act committed intenti onally or by negligence (referring exclusively to 
the unfair competitive acts committed intentionally in cases of subparagraph 1 (c) of Article 2), shall 
be liable to compensate such damage. [This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 6 (Restoration of Credit Lost by Unfair Competitive Act) 
A court may, upon receiving a claim from a person whose business profit is infringed on by an unfair competitive act, order a person who has intentiona lly or negligently downgraded another person's 
business credit by the unfair competitive act (referr ing exclusively to the unfair competitive acts 
committed intentionally in cases of subparagraph 1 (c ) of Article 2), to take any measures necessary 
for restoring the business credit in addition to or in lieu of compensation for damage as prescribed in 
Article 5. 
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  Article 7 (Investigation, etc. into Unfair Competitive Act)  
(1) Where the Commissioner of the Korean Intell ectual Property Office deems it necessary to confirm 
the unfair competitive acts provided for in subparagraph 1 (a) through (g) of Article 2 or a violation of 
the provisions of Article 3, he/she may have the re levant public official enter the business facilities or 
manufacturing facilities to investigate into the rele vant documents, books, or products or collect and 
examine the minimum amount of prod ucts necessary for investigation. IP/N/1/KOR/U/3 
Page 6  
 
   
(2) A public official who conducts investigation, etc. under paragraph (1) shall carry a certificate 
indicating his/her authority and show it to interested parties. [This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 8 (Recommendation on Correction of Violations) 
If the Commissioner of the Korean Intellectual Pr operty Office deems that there is an unfair 
competitive act provided for in subparagraph 1 (a) th rough (g) of Article 2 or a violation of the 
provisions of Article 3, he/she may make to the violator any recommendation necessary for correcting it, such as discontinuance of said act, removal or di suse of the relevant mark and so forth, with a 
prescribed period of up to 30 days. 
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  Article 9 (Hearing of Opinion) If it is deemed necessary for recommending the correction as prescribed in Article 8, the 
Commissioner of the Korean Intellectual Property Offi ce shall hear the opinion of the relevant party, 
interested person or witness as prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  CHAPTER III  PROTECTION OF TRADE SECRET Article 10 (Claim for Prohibition of Act Infringing on Trade Secret) 
 
(1) If any business profit is or might be infringed on  by any act infringing on the trade secret, the 
person who holds said secret may file an claim befo re the court for prohibition or prevention of said 
act against the per- son who infringed or intends to infringe on the trade secret. 
 
(2) The person holding the trade secret may, in filing a claim as referred to in paragraph (1), 
additionally claim a disuse of anything constituting the infringing act, removal of facilities used for 
said act, or any measures required for its prohibition or prevention. [This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  Article 11 (Liability for Damage Caused by Infringement on Trade Secret) 
Any person who has inflicted any damage on a pe rson holding a trade secret by infringing on any 
business profit through an act intentionally or negl igently infringing on such trade secret, shall be 
liable to compensate such damage. [This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 12 (Restoration of Credit of Person Holding Trade Secret) 
A court may, upon a request of a person holding a tr ade secret, order a person who has intentionally or 
negligently downgraded such business credit of a pe rson holding a trade secret by any act infringing 
on said secret, to take measures required for restoring su ch business credit, in addition to or in lieu of 
the compensation for damages as prescribed in Article 11. [This Article Wholly Amended by Act No. 8767, Dec. 21, 2007] 
 
Article 13 (Special Cases on Bona Fide Person)  (1) The provisions of Articles 10 through 12 shall not apply to using or disclosing by a person who 
has lawfully obtained a trade secret through a tr ansaction, within the limit allowed owing to said 
transaction. 
 (2) For the purpose of paragraph (1), the term "person who has lawfully obtained a trade secret" 
means a person who has obtained such secret without  knowing, by no gross negligence, the fact that 
the trade secret was unfairly disclosed, or the fact  that any unfair obtaining or disclosing act was IP/N/1/KOR/U/3 
Page 7 
 
 
  involved, at the time when he/she has obtained it as prescribed in subparagraph 3 (c) or (f) of 
Article 2. [This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  Article 14 (Prescription) 
The right to file a claim for prohibition or prev ention of an act infringing on any trade secret as 
prescribed in Article 10 (1), shall be extinguished by  prescription, if it is not exercised for three years 
after the person holding said secret comes to know the fact that where an act infringing on said secret 
continues, his/her business profit is or might be infringed by such act, and the person who has 
committed such act. The same shall also apply wher e ten years have passed since such infringing act 
began. 
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  CHAPTER IV  SUPPLEMENTARY PROVISIONS Article 14-2 (Presumption of Damages) 
 
(1) Where any person whose business profits are infri nged by an unfair competitive act or an act of 
infringing on trade secrets requests the compensation of damage under Article 5 or 11, and where the 
person who has infringed on the business profits tr ansfers the goods causing the unfair competitive act 
or the act of infringing on trade secrets, the amount obtained by multiplying the quantity in subparagraph 1 by the profit per unit quantity in s ubparagraph 2, may be made as the damages of the 
person whose business profits are infringed. In such cases, the damages shall be limited to the amount 
obtained by multiplying the quantity, calculated by deducting the volume of actual sales from the volume of possible production by the person whose business profits are infringed, by the profit amount per unit quantity: Provided, That where th e person whose business profits are infringed faces 
the situation under which he/she is  unable to sell due to other reasons than the unfair competitive act 
or the act of infringing on trade secrets, the amount  conforming to the unsold quantity due to other 
reasons than the unfair competitive act or the act of  infringing on trade secrets, shall be deducted: 
1. Quantity of goods that have been transferred; 2. Profit per unit quantity of the goods, which the person whose business profits are infringed would 
have been able to sell if there had not been un fair competitive acts or acts of infringing on trade 
secrets. 
 
(2) Where a person whose business profit is infringe d by an unfair competitive act or an act of 
infringing on trade secrets requests compensation fo r damages under Article 5 or 11, if the person 
who infringes the profit gets any gain by such offens e, the amount of such gain shall be presumed to 
be the amount of damage sustained by th e person whose business profit is infringed. 
 
(3) Where a person whose business profit is infringe d by an unfair competitive act or an act of 
infringing on trade secrets requests compensation for damages under Article 5 or 11, he/she may 
request compensation for damages by considering th e amount equivalent to that which he/she may 
usually receive for the use of a mark, such as a tr ademark, put on the goods, etc. subjected to the 
unfair competitive act or for the u se of the trade secrets infringed, as the amount of damage which 
he/she sustains. 
 (4) Where the amount of damage which is sustained by an unfair competitive act or an act of infringing on trade secrets exceeds the amount under paragraph (3), the request for damages may be 
made even to the excess. In such  cases, if the offense against the business profit is committed with no 
intent or gross negligence by the person who infringe d on the trade secret, a court may take this into 
account in calculating the amount of damage.  (5) Where it is extremely difficult to establish the fact s to prove the amount of damage in view of the 
nature of relevant facts, while it is recognized that the damage ha s been incurred, in the lawsuit for the IP/N/1/KOR/U/3 
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  unfair competitive act or the act of infringing on  trade secrets, the court may recognize a reasonable 
amount of damage on the basis of the entire tenor of oral proceedings and the results of evidence 
investigations, notwithstanding paragraphs (1) through (4). [This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
Article 14-3 (Submission of Data) 
In a lawsuit alleging the infringement of business profits by an unfair competitive act or an act of infringing on trade secrets, a court may, upon the request of a party, order the other party to submit such data as may be necessary to calculate the amou nt of damage incurred by the offense: Provided, 
That the same shall not apply where the holder of the data has a good 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 there are any provisions of the Patent Act, the Utility Model Act, the Design Protection Act, or 
the Trademark Act which are different from those of Articles 2 through 6 and 18 (3) of this Act, such 
provisions of the relevant Acts shall preferentially apply.  (2) If there are any provisions of the national flag  or emblem of the Monopoly Regulation and Fair 
Trade Act, the Act on Fair Indica tion and Advertisement, or the Cr iminal Act which are different 
from those of subparagraph 1 (d) through (f) of Arti cle 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 (Delegation of Authority and Entrustment of Duties)  (1) The authority of the Commissioner of the Korean  Intellectual Property Office, which is prescribed 
by this Act, may be delegated partially to the Special Metropolitan City Mayor, a Metropolitan City 
Mayor, a Do Governor, or the Governor of a Speci al Self-Governing Province (hereinafter referred to 
as the "Mayor/Do Governor") as prescribed by Presidential Decree. <Amended by Act No. 9537, 
Mar. 25, 2009>  (2) The Commissioner of the Korean Intellectual Prope rty Office may entrust the duties of research, 
education and public relations and construction and operation of the information management system 
provided for in Article 2-2 to any juristic person or an 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, 2009>  (3) The Mayor/Do Governor may receive support from the specialized organization where it is 
necessary for performing the entrusted duties provided  for in paragraph (1). <Newly Inserted by Act 
No. 9537, Mar. 25, 2009>  (4) Article 7 (2) shall apply mutatis mutandis to t hose who engage in the entrusted duties provided for 
in paragraph (1) and the support duties provided fo r in paragraph (3). <Newly Inserted by Act 
No. 9537, Mar. 25, 2009> 
 (5) The Commissioner of the Korean Intellectual Property Office may subsidize the expenses, in 
whole or in part, to be involved in the entruste d duties provided for in paragraph (2) and the support IP/N/1/KOR/U/3 
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  duties provided for in paragraph (3) within bu dgetary 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 the support duties provided for in  Article 17 (3) shall be deemed to be public 
officials in application of penal provisions unde r 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 made an illegal profit or used  useful trade secrets of any enterprise abroad for 
the purpose of causing damage to such enterprise or ac quired, used, or leaked such trade secrets to any 
third party 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 ranging 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 and used useful tr ade secrets of any enterprise for the purpose of 
making an illegal profit or causing damage to the en terprise or leaked the tr ade 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 fine of not exceeding 30 million won: 
1. Any person who commits an unfair competitive act under subparagraph 1 of Article 2 (excluding 
items (h) and (i)); 2. Any person who uses as trademark, in contrave ntion of the provisions of Article 3, any one 
identical with or similar to the badges or  marks falling under any of the following items: 
(a) The national flag, emblem or other badges 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 for supervision or certification which is used by the government of a party to the 
Paris Convention, a member state of the World Trade Organization, or a signatory state of the Trademark Law Treaty. 
 
(4) The punishment of imprisonment and fines u nder 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 a crime provided fo r in Article 18 (1) and (2) shall be punished. 
[This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  Article 18-3 (Preparation and Plot)  
(1) Any person who has prepared or plotted for the purpose of committing the crime provided for in 
Article 18 (1) shall be punished by imprisonment with prison labor for not more than three years or by 
a fine of not exceeding 20 million won.  IP/N/1/KOR/U/3 
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  (2) Any person who has prepared or plotted for the purpose of commit- ting the crime provided for in 
Article 18 (2) shall be punished by imprisonment with  prison labor for not more than two years or by 
a fine of 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 servant of a juristic person or an individual commits an offense falling under Article 18 (1) through (3) in connection with the activities 
of such juristic person or individual, not only sh all such offender be punished accordingly, but the 
corporation or the individual shall also be punished  by the fine prescribed in the relevant Articles: 
Provided, That this shall not apply where a juristic person or an individual is not negligent in paying a 
considerable attention to and supervising the relevant activiti es to prevent such offense. 
[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  the investigation or collection by the relevant 
public official under Article 7 (1) shall be punish ed by a fine for negligence of not exceeding 20 
million won.  (2) Fines for negligence referred to in paragrap h (1) shall be imposed and collected by the 
Commissioner of the Korean Intellectual Property Office as prescribed by Presidential Decree. 
 (3) through (5) Deleted. <by Act No. 9895, Dec. 30, 2009> [This Article Wholly Amended by Act No. 8767, Dec. 21, 2007]  
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 fo rce 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 the Presidential Decree No. 13781, December 14, 1992]  (2) (Transitional Measures concerning Act, etc. of In fringing 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 a 
violation of trade secrets which h as been committed before this Act enters into force, the former 
provisions shall apply.  IP/N/1/KOR/U/3 
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  (3) (Transitional Measures concerning Extinctiv e Prescription) Notwithstanding the amended 
provisions of Article 14, with respect to the extin ctive prescription of the right to file a claim for 
prohibition or prevention of a violation of trad e 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 the unfair competitive acts under the amendments to subparagraph 1 (c) and (g) of Article 2, notwithstanding the provisions of Ar ticle 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 for ce six months after the date of its promulgation. 
 (2) (Transitional Measures) Any person who has viol ated the former provisions of Article 18 (1) and 
(2) before this Act enters into force sh all be governed by the former provisions. 
 
ADDENDA <Act No. 7289, Dec. 31, 2004> Article 1 (Enforcement Date) This Act shall enter into force six mont hs 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.   
   IP/N/1/KOR/U/3 
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  ENFORCEMENT DECREE OF THE UNFAIR COMPETITION PREVENTION AND 
TRADE SECRET PROTECTION ACT 
 
  
Article 1 (Purpose) 
The purpose of this Decree is to prescribe matter s delegated by the Unfair Competition Prevention 
and Trade Secret Protection Act and matters necessary for their enforcement. [This Article Wholly Amended by Preside ntial Decree No. 21691, Aug. 18, 2009] 
 
Article 1-2 (Justifiable Grounds) 
"Justifiable grounds prescribed by Presidential Decree, such as non- commercial uses" in subparagraph 1 (c) of Article 2 of the Unfair Co mpetition Prevention and Trade Secret Protection Act 
(hereinafter referred to as the "Act") means cases which fall under any of the following sub- 
paragraphs: 
1. Where a mark is used for non-commercial purposes; 
2. Where a mark is used in a news report or commentary; 3. Where a person (including his/her successor), who h as used any one identical with or similar to a 
name, trade name, trademark, or container or pa ckage of goods of any other person, or a mark 
indicating any other person's goods or business (hereina fter referred to as "mark") before such mark 
becomes widely known to the public in Korea, c ontinues to use it without any unjust purpose; 
4. Where the use of a mark is deemed not incons istent with standard practices of fair commercial 
transactions. [This Article Wholly Amended by Preside ntial Decree No. 21691, Aug. 18, 2009] 
 Article 1-3 (Disposal, etc. of Collected Goods) 
 
(1) Where the Commissioner of th e Korea Industrial Property Office collects the minimum quantity of 
products necessary for investigation under Article 7 (1) of the Act, he/she shall issue a certificate of 
collection described in annexed Form 1 to  the owner or possessor of the products. 
 (2) Where the Commissioner of the Korea Industria l Property Office finds that the products in 
question are not involved in any unfair competitive act or any violation of Article 3 of the Act as a 
result of an examination of products collected in acco rdance with Article 7 (1) of the Act, he/she shall 
return them to the owner or possessor at the time of collecting them.  (3) The certificate prescribed in Article 7 (2) of th e Act shall be in accordance with annexed Form 2. 
[This Article Wholly Amended by Preside ntial Decree No. 21691, Aug. 18, 2009] 
 Article 2 (Methods, etc. of Recommendation on Correction)  (1) Recommendation on correction as prescribed in Article  8 of the Act shall be made in the form of a 
document in which any grounds for recommendation and time limit for correction are specified. 
 
(2) The Commissioner of the Korea Industrial Property Office may have the public official concerned 
confirm the actual site, where deemed necessary for making recommendation on correction prescribed in paragraph (1) or for confirming whether su ch recommendation on correction is implemented. 
 
(3) A public official who confirms the actual site  under paragraph (2) shall carry a certificate which 
indicates his/her authority and show it to the person concerned. [This Article Wholly Amended by Preside ntial Decree No. 21691, Aug. 18, 2009] 
 IP/N/1/KOR/U/3 
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  Article 3 (Procedure for Hearing of Opinion) 
 (1) If the Commissioner of the Korea Industrial Pr operty Office intends to hear an opinion under 
Article 9 of the Act, he/she shall, in writing, notif y the other party, interested person, or person for 
reference of the recommendation on correction or his/he r agents at least ten days before the date when 
the hearing of opinion is to be held, and shall provi de them with an opportunity to state their opinions. 
 (2) The other party, interested person, or person for reference of the recommendation on correction or 
his/her agents who have received notification unde r paragraph (1), may attend the designated place at 
the designated date and time, and may state thei r opinions or present their opinions in writing. 
 
(3) If the other party, interested person or person for reference of the recommendation on correction or 
his/her agents have attended and stated their opinions under paragraph (2), the public official 
concerned shall prepare the written substance thereo f and shall have those who have stated such 
opinions verify and affix their signatures or seals thereto. 
 
(4) Written notification as prescribed in paragraph (1) shall specify that, if the persons concerned do 
not comply with the notification without justifiable re ason, they will be deemed  to have renounced the 
opportunity to state their opinions. [This Article Wholly Amended by Preside ntial Decree No. 21691, Aug. 18, 2009] 
 
Article 4 (Delegation of Author ity and Entrustment of Duties) 
 (1) The Commissioner of the Korea Industrial Proper ty Office shall, pursuant to the provisions of 
Article 17 (1) of the Act, delegate authority falli ng under any of the following subparagraphs, to the 
Special Metropolitan City Mayor, the Metropolitan City  Mayor, the Do Governor or the Governor of 
a Special Self-Governing Province (hereinafter refe rred to as the "Mayor/Do Governor"): Provided, 
That where any unfair competitive act prescribed in each item of subparagraph 1 of Article 2 of the 
Act or any act in violation of Article 3 of the Act is  deemed likely to have a serious effect on the order 
of domestic or foreign commercial transactions, th e Commissioner of the Korea Industrial Property 
Office may directly exercise the said authority: 1. Investigation of any unfair competitive act, etc. provided for in Article 7 (1) of the Act; 
2. Recommendation on correction of violations provided for in Article 8 of the Act; 
3. Hearing of opinions provided for in Article 9 of the Act; 4. Imposition and collection of fines for neglig ence provided for in Article 20 of the Act. 
 (2) If the Mayor/Do Governor to whom authority is  delegated under paragra ph (1) deals with duties 
falling under the authority delegated,  he/she shall report quarterly on th e details of dealings with the 
duties to the Commissioner of the Korea Industrial Property Office.  (3) The Commissioner of the Korea Industrial Propert y Office shall direct or supervise the Mayor/Do 
Governor so that the duties pertaining to the au thority delegated to th e Mayor/Do Governor under 
paragraph (1) may be dealt w ith consistency and balance. 
 
(4) The Commissioner of the Korea Industrial Prope rty Office may entrust the duties of research, 
education and public relations and construction and operation of an information management system 
provided for in Article 2-2 of the Act to a juri stic person or an organization in the following 
subparagraphs, as prescribed in Article 17 (2 ）of the Act: 
1. Korea Intellectual Property Service estab lished under the Invention Promotion Act; 
2. Juristic persons or organiza tions designated and publicly announced by the Commissioner of the 
Korea Industrial Property Office from among juristic  persons or organizations deemed to have 
expertise in of the duties provided for in Article 2-2 of the Act. IP/N/1/KOR/U/3 
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(5) Any juristic person or organization that inte nds to receive the subsidization of expenses under 
Article 17 (5) of the Act shall file an appli cation for expense subsidy for unfair competition 
prevention and trade secret protection duties in the annexed Form 3, accompanied by the documents in the following subparagraphs, with the Commissi oner of the Korea Industrial Property Office. In 
such cases, the Commissioner of the Korea Industr ial Property Office shall confirm the certified 
transcript of registry of the juristic person (limit ed to the juristic person) through the sharing of 
administrative information prescribed in Article 36 (1) of the Electronic Government Act: <Amended by Presidential Decree No. 22151, May 4, 2010> 1. Plan for engaging in duties regarding the prev ention of unfair competition and protection of trade 
secrets; 
2. Articles of association (limited to the juristic person).  (6) The Commissioner of the Korea Industria l Property Office shall determine and announce 
standards and procedures for selection of the juri stic person or organization provided for in 
Article 4 (2). 
[This Article Wholly Amended by Preside ntial Decree No. 21691, Aug. 18, 2009] 
 Article 5 (Education) The Commissioner of the Korea Industrial Property Office may, where deemed necessary, carry out education on duties for a public official engage d in the duties concerning prevention of unfair 
competitive act. 
[This Article Wholly Amended by Preside ntial Decree No. 21691, Aug. 18, 2009] 
 Article 6 (Procedure for Imposing Fines for Negligence) Standards for imposing fines for negligence provide d for in Article 20 (1) of the Act shall be 
prescribed in attached Table. 
[This Article Wholly Amended by Preside ntial Decree No. 21691, Aug. 18, 2009] 
  ADDENDUM This Decree shall enter into  force on January 1, 1999. 
 
 ADDENDUM <Presidential Decree No. 17255, Jun. 27, 2001> This Decree shall enter into force on July 1, 2001.  
 
ADDENDA <Presidential Decree No. 21691, Aug. 18, 2009> Article 1 (Enforcement Date) This Decree shall enter into for ce on the date of its promulgation. 
 Article 2 (Transitional Measures) 
 
(1) Standards for imposing fines for negligence with  respect to any offense committed before this 
Decree enters into force shall be a pplied by the previous provisions. 
 (2) Where standards for imposing fines for neglig ence per frequency of offense are applied pursuant 
to the amended provisions in attached Table, the fi rst offense committed after this Decree enters into 
force shall be deemed one offense.   IP/N/1/KOR/U/3 
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  ADDENDA <Presidential Decree No. 22151, May 4, 2010> 
Article 1 (Enforcement Date) This Decree shall enter into force on May 5, 2010.  Articles 2 through 4 Omitted.   
 
 
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