SOUTH KOREA Law and Practice Contributed by: Dongju Kwon, Changkwon Kim, Sejung Lee and Yoon Sun Kim, Yoon & Yang LLC
This amount is not significant as it is limited by the Supreme Court Rules.
to the extent of such appeal and assessed as to whether the appeal has grounds.
8. Appeal 8.1 Appellate Procedure
9. Criminal Offences 9.1 Prosecution Process, Penalties and Defences A trade secret owner can bring a criminal claim for trade secret misappropriation. The law enforcement authorities investigating trade secret misappropriation can commence their investigation when they have received such criminal claim, or when they have become aware of the trade secret misappropriation even with - out such claim. The types of trade secret misappropriation sub - ject to criminal penalties and details of criminal penalties have already been explained in 1.14 Criminal Liability and 2.4 Industrial Espionage . The defendant’s defence methods in a criminal trade secret lawsuit are similar to those in a civil trade secret lawsuit. The trade secret owner could be investigated as a criminal complainant or witness by the law enforcement authorities. Further, the trade secret owner could be subject to a cross-examination investigation interview alongside the suspected misappropriator. The trade secret owner could make statements during the investigation, such as the fact that the information at issue consti - tutes trade secrets or that the conduct at issue constitutes trade secret misappropriation, and could also submit written opinions to this effect.
The appeal mechanism is available to the losing (aggrieved) party in the first-instance trial that has a legitimate interest in the appeal. Under the CPA, an appeal should be filed within two weeks from the date on which the written judgment was served, and such period is invariable (Articles 390 and 396). Although the appeal period differs by case based on the complexity of the case, it usually takes six months to two years to pursue an appeal. It is impossible to appeal orders that are not final judgments (Article 390). Since the same laws apply to all appellate courts, the appeal process does not differ depending on the first-instance The appellate proceeding is a continuation of the first-instance trial where there is a substantive review of the claim. The appellate proceeding is a second factual trial, and the case is decided again by reviewing both factual and legal issues. As a continuation of the first-instance trial rath - er than a repetition of the content and process thereof, new allegations or submissions in the appellate proceeding should be considered. Therefore, the parties have a right to renewal in the appellate proceeding. As this is a continuation, the parties do not need to separately take measures to preserve issues for appeal. However, considering that the appeal was initiated to reverse the judgment in the first-instance court, the case is re-examined court where the case was filed. 8.2 Factual or Legal Review
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