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¡¼Main Issues and Holdings¡½
Elements of the crime of violating Article 18(1)1 Item (c) of the Unfair Competition Prevention and Trade Secret Protection Act, which was amended on January 8, 2019 and took effect on July 9, 2019
Whether punishing an individual who retained trade secrets although he or she had been demanded by the trade secret owner to delete or return the trade secrets prior to the date on which the foregoing Act took effect is in violation of the principle of the prohibition against ex post facto laws (affirmative), and whether this holds true in cases where the individual continued to possess trade secrets on and after the date on which the foregoing Act entered into force (affirmative)
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