SOUTH KOREA Law and Practice Contributed by: Dongju Kwon, Changkwon Kim, Sejung Lee and Yoon Sun Kim, Yoon & Yang LLC
ceedings usually last from around eight months to a couple of years depending on the complex - ity of the case (among other factors). Based on 2023 statistics, the average time for the issuance of a first-instance judgment in civil cases was 16 months. 6.3 Use of Expert Witnesses As explained in 5.7 Obtaining Information and Evidence , the examination of evidence includes the examination of expert witnesses. Under the CPA, parties may apply for expert witnesses who report on facts obtained on the basis of special - ised knowledge and experience, and where the expert witness examination is based on the wit - ness examination procedure (Article 340). In principle, an expert witness should provide oral testimony, and thus cannot testify by docu - ments, unless permitted by the court. In other words, in principle, the expert witness cannot testify while looking at any notes or documents prepared in advance, and thus such written notes/documents cannot replace the witness’s oral testimony (Article 331). If an expert wit - ness has difficulty in appearing before the court because they reside in a remote or barely acces - sible area, or due to other circumstances, the court may examine such witness through video or other transmission system after hearing the parties’ opinions (Article 327-2). The expert witness examination differs for each case, but usually lasts no more than an hour.
establishing a temporary position on the dis - puted rights in order to avoid potential material damage to the rights, to prevent imminent harm or for another justifiable reason (Article 300). In order to obtain a preliminary injunction, the applicant should demonstrate that it is entitled to claim for trade secret misappropriation and that the preliminary injunction is necessary to avoid significant harm or prevent imminent risk to the applicant. Such necessity is determined by comprehensively considering various factors, including the likelihood of success on the merits and the balance of hardships/benefits between the parties. The courts limit the duration of a permanent injunction to the duration of trade secret pro - tection, which is limited to the period explained in 1.9 Duration of Protection for Trade Secrets . The court may order collateral provision with respect to the respondent’s damages that could incur from the preliminary injunction (Articles 301 and 280 of the Civil Execution Act). The party should either: • submit a copy of the deposit to the court after depositing the collateral amount ordered by the court; or • submit the original of the guarantee as col - lateral after executing a payment guarantee entrustment contract with a financial institu - tion or insurance company. The standard for calculating the collateral amount differs for each court, but is usually equivalent to between 10% and 20% of the amount or value of the subject matter in the litigation.
7. Remedies 7.1 Preliminary Injunctive Relief
Under the Civil Execution Act, a trade secret owner may request a preliminary injunction (aside from in a civil trade secret lawsuit) for
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