The law firm Cheongchul's Lee Young-kyeong lawyer conducted an interview with 'Global Epic' regarding the 'injunction against employment competition.'

In cases where an employee of a company changes jobs to a competitor after leaving the company, trade secrets are often leaked to the competitor, frequently leading to lawsuits such as injunctions against employment competition and claims for damages.

Companies need to enter into non-compete agreements to protect their technology and prevent talent drain.
If an individual violates a non-compete agreement and takes a job at a competing company, it may be considered to file for an injunction against employment competition or initiate criminal proceedings (under the Unfair Competition Prevention Act for trade secret infringement or breach of fiduciary duty).

Regarding whether to recognize the effectiveness of a 'non-compete agreement', courts consider the following: ① whether the non-compete period and scope are appropriate ② whether there is a protectable interest of the employer ③ whether the employee was engaged in a position and work where a non-compete is necessary ④ whether compensation for the non-compete was provided ⑤ whether there is disloyalty in the employee's departure.

Just because an employee has moved to a competitor does not mean that an injunction against employment competition will always be granted, so it is advisable to seek expert assistance to efficiently validate the effectiveness of the non-compete agreement.

The law firm Cheongchul's Lee Young-kyeong lawyer stated, “It is better to leave written records than to conclude verbally if possible, and when crafting a detailed employment contract, it can be presented as an additional clause or a separate non-compete agreement can be signed during employment,” and “For an injunction against employment competition to be granted, the company's level of confidentiality management, non-disclosure agreements, and whether a non-compete agreement has been entered into are considered comprehensively. There is a need to seek expert assistance in advance to prevent the infringement of significant trade secrets of the company.”

Detailed information can be found in the published full interview.

​Grounds for applying the 'injunction against employment competition' when changing to a competitor