Trade Secrets Act Article 14-3

During the investigation, if the duty of confidentiality is extinguished or if it is necessary to amend the contents of the order, the prosecutor may ex officio cancel or amend his/her investigation confidentiality protective order.If the deferred prosecution or non-prosecution is finalized for a case or if part of the investigation confidentiality protective order is not within the scope of the prosecution, the prosecutor may ex officio or upon request by the person(s) subject to the order, cancel or amend his/her investigation confidentiality protective order.The prosecutor cancelling or amending the investigation confidentiality protective order pursuant to the preceding two paragraphs may afford the person(s) subject to such order and the trade secret owner(s) opportunities to express opinions. The cancelling or amending disposition shall be made in writing and served upon the person(s) subject to the order and the trade secret owner(s).After a case is being prosecuted, the prosecutor shall notify the trade secret owner(s) and the person(s) subject to the investigation confidentiality protective order of the order’s involvement in the effect of the prosecution and its scope, as well as of the rights and interests associated with the confidentiality preservation order and the investigation confidentiality protective order. The trade secret owner(s) or the prosecutor may, pursuant to the provisions of the Intellectual Property Case Adjudication Act, file a request with the court for the issuance of a confidentiality preservation order. The investigation confidentiality protective order within the scope of the prosecution shall, within the scope of a motion, lose its effectiveness starting from the date on which a court ruling granting a confidentiality preservation order in investigation becomes final.After a case is being prosecuted, if the trade secret owner(s) or prosecutor does not file a request with the court for the confidentiality preservation order within 30 days from the day the action case has been pending before court, the court may, upon request by the person(s) subject to the confidentiality protective order or the prosecutor, cancel the investigation confidentiality protective order. The investigation confidentiality protective order within the scope of the prosecution shall, within the scope of cancellation allowed for by the court, lose its effectiveness starting from the date on which a court ruling becomes final.Prior to finalizing its ruling, the court shall consult the trade secret owner(s) and prosecutor. The ruling, as set forth in the preceding paragraph, shall be served upon the trade secret owner(s), the person(s) subject to the investigation confidentiality protective order, and the prosecutor.The person(s) subject to the investigation confidentiality protective order or the trade secret owner(s) may petition the prosecutor’s ruling as set forth in Paragraphs 1 and 2. The prosecutor, the person(s) subject to the investigation confidentiality protective order, or the trade secret owner(s) may file an interlocutory appeal against the court ruling as set forth in Paragraph 5.The provisions in Articles 403 through 419 of the Code of Criminal Procedure shall apply mutatis mutandis to the petition and interlocutory appeal procedures as set forth in the preceding paragraph.