Korean Law in English
Laws › Unfair Competition Prevention and Trade Secret Protection Act › CHAPTER II PROHIBITION OF ACTS OF UNFAIR COMPETITION

Unfair Competition Prevention and Trade Secret Protection Act — Article 8 (Recommendation for Correction of Violation)

부정경쟁방지 및 영업비밀보호에 관한 법률 제8조

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) If the Commissioner of the Korean Intellectual Property Office recognizes that an act of unfair competition defined in subparagraph 1 of Article 2 (excluding items (h) and (m)) or a violation referred to in Article 3 or 3-2 (1) or (2) has occurred, he or she may issue a recommendation for correction to the person to cease the act or violation, to remove or modify a mark, etc., or to prevent recurrence of the act or violation or may issue an order for correction, within a specified period of up to 30 days. <Newly Inserted on Feb. 20, 2024>

(2) Where a person who has committed a violation fails to comply with a recommendation or an order for correction under paragraph (1), the Commissioner of the Korean Intellectual Property Office may publish the details of the violation, the fact that such recommendation or order for correction has been issued, and other matters. <Newly Inserted on Oct. 20, 2020; Feb. 20, 2024>

(3) Matters necessary for a recommendation or an order for correction under paragraph (1) and matters regarding the procedures and methods for publication under paragraph (2) shall be prescribed by Presidential Decree. <Newly Inserted on Oct. 20, 2020; Feb. 20, 2024>

(4) If a Mayor/Do Governor or the head of a Si/Gun/Gu recognizes that an act of unfair competition defined in subparagraph 1 of Article 2 (excluding items (h) and (m)) or a violation referred to in Article 3 or 3-2 (1) or (2) has occurred, he or she may issue a recommendation for correction to the person to cease the act or violation, to remove or modify the mark, etc., or to prevent recurrence of the act or violation, within a specified period of up to 30 days; and if the person in violation fails to comply with such recommendation for correction, he or she may pubish the details of the violation and the fact that a recommendation for correction has been made. In such cases, paragraph (3) shall apply mutatis mutandis to the procedures and methods for a recommendation for correction or publication. <Amended on Jun. 30, 2011; Jan. 17, 2017; Apr. 17, 2018; Oct. 20, 2020; Dec. 7, 2021; Feb. 20, 2024>

(5) Where a person who has committed a violation fails to comply with a recommendation for correction under paragraph (4), a Mayor/Do Governor or the head of a Si/Gun/Gu may request the Commissioner of the Korean Intellectual Property Office to issue an order for correction under paragraph (1). <Newly Inserted on Feb. 20, 2024>[This Article Wholly Amended on Dec. 21, 2007][Title Amended on Oct. 20, 2020]

‹ Article 7-2All articlesArticle 9 ›

Korean original (law.go.kr) · Get articles as JSON via API

For AI agents and developers — get this article as JSON, with the English and current Korean effective dates and an outdated-translation flag, from the korea-law API or as an MCP tool: https://mcp.apify.com?tools=kr-data/korea-law