"Leaked Industrial Technology Subject to State Protection"... Supreme Court Remands Case of Former Samsung E&A Employee

Leaked 'Ultrapure Water System' Technology to Join Chinese Firm
First and Second Trials: "Trade Secret, But Not Industrial Technology"
Supreme Court: "Qualifies as Advanced Technology"; Case Remanded

The Supreme Court has remanded the case of a former employee who leaked core technologies of Samsung Engineering (SAMSUNG E&A) in an attempt to move to a Chinese semiconductor company, ruling that the leaked technology constitutes "industrial technology" protected by the state.

Yonhap News Agency

On May 14, the Supreme Court's Second Division (Presiding Justice Kwon Youngjun) overturned the previous acquittal verdict and sent the case back to the Seoul Central District Court in the appeal trial of former employee A, who had been indicted for violating the Industrial Technology Protection Act, among other charges.

In February 2019, A was indicted for allegedly illegally taking out design data and other materials related to SAMSUNG E&A's eco-friendly "ultrapure water system" for semiconductor manufacturing when moving to a Chinese semiconductor consulting company.

Previously, the first and second trial courts had found A guilty of leaking trade secrets and breach of fiduciary duty, sentencing him to three years in prison. However, they acquitted him of violating the Industrial Technology Protection Act, reasoning that ultrapure water technology did not fall under the "desalination" category of advanced technologies as defined in the relevant government notice.

However, the Supreme Court pointed out that the lower court had misunderstood the legal scope of advanced technology. The bench stated, "The term 'desalination' in the official notice encompasses not only seawater desalination but also technology that produces ultrapure water for semiconductors by treating industrial water," and added, "This technology qualifies as advanced technology under the Industrial Development Act and as industrial technology subject to protection."

With this ruling, the Supreme Court clarified that the design and construction technology for ultrapure water systems used in semiconductor manufacturing can indeed be considered advanced technology, a type of industrial technology.

This content was produced with the assistance of AI translation services.