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TITLE Supreme Court Decision 2017Do3808 Decided June 29, 2017 【Violation of the Unfair Competition Prevention and Trade Secret Protection Act (Unauthorized Divulgence of Trade Secrets, etc.); Occupational Breach of Trust】 * First draft [full Text]
Summary
In cases where a corporate employee breached the duty of confidentiality by divulging a trade secret or major business asset to a competitor company or removing the same without authorization for the purpose of exploiting it for personal interest, the point at which the crime of occupational breach of trust is consummated (held: as of the unauthorized divulgence or removal), and in cases where an employee lawfully removed a trade secret, etc. but failed to return it to the company or discard it upon retirement for the said purpose notwithstanding the obligation to do so, the point at which the crime of occupational breach of trust is consummated (held: as of retirement)
Whether a former employee’s unauthorized divulgence to a competitor company or exploitation for personal interest of the trade secret, etc. that the employee failed to return or discard upon retirement, as supra, separately constitutes a crime of occupational breach of trust (negative in principle), and whether a third party who conspired in, and/or was privy to, such unauthorized divulgence or exploitation constitutes an accomplice to occupational breach of trust (negative in principle)
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