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【Main Issues and Holdings】
[1] Relationship between the actual offender and a corporation or an individual, who is not the actual offender, who should be punished in accordance with a joint penalty provision
Matters to be considered when determining whether the penal provision of the Republic of Korea applies to a corporation punished under a joint penalty provision, and, according thereto, Korean courts have jurisdiction
[2] In a case where the victim company is a Korean corporation and the defendant company is a foreign corporation, and the two are competitors; employees, who had worked for the victim company and later joined the defendant company, disclosed or acquired the victim company’s trade secrets in connection with the defendant company’s business or leaked, disclosed, and used overseas industrial technology in violation of the former Unfair Competition Prevention and Trade Secret Protection Act and the former Act on the Prevention of Divulgence and Protection of Industrial Technology; and the defendant company was indicted under the joint penalty provision, raising the issue of whether Korean courts had jurisdiction, the court held that the conclusion of the lower court, which determined that the Republic of Korea had jurisdiction over the defendant company, was valid
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