(1) The court may require the Korean Intellectual Property Office, a Mayor/Do Governor, or the head of a Si/Gun/Gu to send the records of an investigation into an act of unfair competition under Article 7 (including interrogation records and stenographic records of persons involved in the case, witnesses or appraisers, and all other things which constitute judicial evidence) when it deems it necessary in a case falling under any of the following subparagraphs. In such cases, the Commissioner of the Korean Intellectual Property Office, a Mayor/Do Governor, or the head of a Si/Gun/Gu in receipt of a request to send the investigation records shall comply unless there is a compelling reason not to do so:
1. A lawsuit seeking prohibition or prevention of an act of unfair competition under Article 4;
2. A lawsuit seeking compensation for damage under Article 5.
(2) When sending investigation records to the court pursuant to paragraph (1), the Commissioner of the Korean Intellectual Property Office, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall also provide the name, address, and telephone number (including a mobile phone number) of a party to the relevant investigation records (hereinafter referred to as "party to the investigation records") and other information necessary for the court to give notification under paragraph (5).
(3) When investigation records are sent to the court under paragraph (1), the Commissioner of the Korean Intellectual Property Office, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall notify a party to the investigation records of the fact that the investigation records have been forwarded at the request of the court and a list of the investigation records.
(4) Where trade secrets are included in the investigation records sent pursuant to paragraph (1), a party to the investigation records or his or her agent may file an application with the court for designation of the scope of inspection or persons allowed to inspect the records. In such cases, the court may designate the scope of inspection or persons allowed to inspect them within the purpose of a request for records.
(5) If the court receives a request for inspection or copying of investigation records sent by another party or his or her agent under paragraph (1) before a request is filed by a party to the investigation records or his or her agent for the designation of the scope of inspection or persons allowed to inspect under paragraph (4), it shall notify a party to the investigation records specified by the Commissioner of the Korean Intellectual Property Office or the head of a Si/Gun/Gu under paragraph (2) that the other party or his or her agent has filed a request for inspection or copying and that a request for the designation of the scope of inspection or persons allowed to inspect may be filed under paragraph (4). In such cases, the court may set the period for the party to the investigation records to file a request for the designation thereof.
(6) The court shall not allow any other person to inspect or copy the investigation records sent under paragraph (1) during the period prescribed in the latter part of paragraph (5).
(7) Where the party to the investigation records notified under paragraph (5) fails to file a request under paragraph (4) within the period prescribed in the latter part of paragraph (5), the court may accept a request for inspection or copying filed by the other party or his or her agent under the main clause of paragraph (5).
(8) The procedures and methods under paragraphs (1), (2), and (4) through (7) and other necessary matters shall be prescribed by the Supreme Court Regulations.[This Article Wholly Amended on Feb. 20, 2024]