(1) In litigation related to the infringement of business interests through an act of unfair competition, violation referred to in Article 3-2 (1) or (2), or infringement of trade secrets, where the relevant party has verified the accuracy of both of the following information as to the trade secrets held by him or her, the court may order, by decision, the other party (in cases of a corporation, its representative), the relevant party's legal counsel, or any other person who has acquired such trade secrets due to said litigation neither to use such trade secrets for purposes other than for continuing said litigation nor to disclose such secrets to persons other than those who have been ordered in relation to such secrets pursuant to this paragraph, upon the request of the relevant party: Provided, That the same shall not apply where the other party (in cases of a corporation, its representative), the relevant party's legal counsel, or any other person who has acquired the trade secrets due to said litigation has already been aware of such secrets by a method other than inspection of the legal brief or investigation of the evidence as referred to in subparagraph 1 as at the time such request is made: <Amended on Feb. 20, 2024>
1. That any trade secret is included in the legal brief already submitted or to be submitted, the evidence already investigated or to be investigated, or investigation records sent under Article 14-7;
2. The business secrets referred to in subparagraph 1, if used or disclosed for purposes other than for conducting said litigation, are likely to impede the business operation of the relevant party, so that it is required to place a restriction on the use or disclosure of such trade secrets in order to prevent the impediment.
(2) A request for issuing an order under paragraph (1) (hereinafter referred to as "confidentiality order") shall be made in a written form that indicates the following:
1. A person who will be subject to the confidentiality order;
2. The facts sufficient to specify the trade secrets to be protected by the confidentiality order;
3. The facts constituting the causes described in the subparagraphs of paragraph (1).
(3) Where the court has determined to issue a confidentiality order, it shall serve the written decision on the person subject to the confidentiality order.
(4) A confidentiality order shall take effect when the written decision referred to in paragraph (3) is served on the person subject to the confidentiality order.
(5) A relevant party may lodge an immediate complaint against a trial that has dismissed or rejected his or her application for a confidentiality order.[This Article Newly Inserted on Dec. 2, 2011]