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Unfair Competition Prevention and Trade Secret Protection Act — Article 7 (Investigation of Acts of Unfair Competition)

부정경쟁방지 및 영업비밀보호에 관한 법률 제7조

This English translation is based on the Korean text effective 2024-08-21. The Korean law has since been amended (current version effective 2026-05-28) — check the Korean original.

(1) The Commissioner of the Korean Intellectual Property Office, a Mayor/Do Governor, or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) may allow a related public official to enter the business facilities or manufacturing facilities for an inspection of relevant data or products or to collect the least amount of products necessary for an inspection, where it is necessary, and otherwise it is impractical, to ascertain whether an act of unfair competition referred to in subparagraph 1 of Article 2 (excluding items (h) and (m)) or a violation of Article 3 or 3-2 (1) or (2) is committed. <Amended on Jun. 30, 2011; Jan. 27, 2016; Jan. 17, 2017; Apr. 17, 2018; Oct. 20, 2020; Dec. 7, 2021; Mar. 28, 2023>

(2) Where the Commissioner of the Korean Intellectual Property Office, the Mayor/Do Governor, or the head of a Si/Gun/Gu conducts the investigation under paragraph (1), he or she shall avoid overlapping investigations pursuant to Article 15 of the Framework Act on Administrative Investigations. <Newly Inserted on Jun. 30, 2011>

(3) Where the Commissioner of the Korean Intellectual Property Office, a Mayor/Do Governor, or the head of a Si/Gun/Gu becomes aware of the fact that mediation of a dispute under Article 43 of the Invention Promotion Act (hereinafter referred to as "dispute mediation") is pending due to the same case as that of a person subject to investigation in the course of the investigation under paragraph (1), he or she may suspend the investigation in consideration of the intentions of both parties. <Newly Inserted on Oct. 20, 2020>

(4) Where a dispute is mediated, the Commissioner of the Korean Intellectual Property Office, a Mayor/Do Governor, or the head of a Si/Gun/Gu may terminate the investigation. <Newly Inserted on Oct. 20, 2020>

(5) A public official who conducts the investigation, etc. under paragraph (1) shall carry a certificate indicating his or her authority and produce it to interested parties. <Amended on Jun. 30, 2011; Oct. 20, 2020>

(6) Other matters necessary for procedures, etc. for investigation into acts of unfair competition, etc. shall be prescribed by Presidential Decree. <Newly Inserted on Oct. 20, 2020>[This Article Wholly Amended on Dec. 21, 2007][Title Amended on Jun. 30, 2011]

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