Recently, disputes involving trade secret misappropriation and technology thefts have become increasingly diverse in nature. These incidents are no longer limited to employees leaking trade secrets during resignation processes but also encompass leaks through clients, suppliers, consulting firms, and other channels. Moreover, these disputes have evolved beyond conflicts within Korea into multifaceted international disputes. This includes multi-jurisdictional litigation across multiple countries between Korean companies and foreign entities from the United States, Japan, China, and elsewhere, civil and criminal proceedings in Korea between foreign companies, or lawsuits filed abroad such as in the U.S. between Korean companies.

To rise to these challenges, recent trade secret misappropriation and technology theft cases require not only deep technical understanding of the relevant industry, but also the comprehensive ability to respond to diverse forms of dispute resolution measures, including criminal investigations, digital forensic analysis, and multi-jurisdiction international litigation.

To this end, Lee & Ko has established an omnidirectional response framework for trade secret and technology theft disputes by having the following specialized groups work together as one team: (i) IP & Technology Practice Group composed of attorneys who hold academic degrees in a wide range of technical fields such as semiconductors, electronics, telecommunications, secondary batteries, chemicals, materials, pharmaceuticals, biotechnology, life sciences, robotics, machinery, shipbuilding, defense, hydrogen, nuclear energy, computers, and software (SI), enabling accurate technical understanding of trade secret related technologies and highly specialized representation based on extensive practical experience; (ii) Criminal Practice Group consisting of attorneys with prosecutorial and police backgrounds who have handled trade secret and technology theft matters at specialized units such as the IP Crime Division, the Defense Industry and Industrial Technology Crime Investigation Division of the Prosecutor’s Office, and the Industrial Technology Protection Investigation Unit of the police, and who possess in depth expertise in criminal procedure strategy and defense; (iii) Litigation Practice Group composed of court trained attorneys who specialize in preliminary injunctions, non-compete injunctions, infringement prevention, and damages litigation; (iv) Digital Forensics Team dedicated to verifying whether technology theft has occurred through advanced digital forensic analysis; (v) Industrial Technology Team composed of experts and attorneys who have experience in policy development and frontline operations at government and regulatory agencies such as the Ministry of Trade, Industry and Resources and the National Intelligence Service, together with attorneys who have extensive practical experience in industrial technology related matters; and (vi) Cross-Border IP Litigation Team focused on international IP disputes, including cases involving overseas technology leakage and discovery intensive cross border litigation, where specialized know how in international discovery procedures and global enforcement strategies is required. By combining these groups into a single, integrated team, Lee & Ko delivers holistic, industry specific, and strategically coordinated representation across all stages of trade secret and technology theft disputes.

Lee & Ko’s Trade Secret and Technology Misappropriation Dispute Team has handled an extensive number of civil and criminal cases across various technical fields, including cases involving directional electrical steel sheet technology, semiconductor and semiconductor wafer inspection equipment, display technology misappropriation to China, polysilicon (raw material for solar cells), semiconductor equipment, mobile telecommunications network equipment, laser drilling software, Goliath crane manufacturing technology, Naval 76mm artillery technology, cosmetics trade secrets, and numerous non-compete injunctions against former employees joining competitors. In addition, the Team has successfully handled a wide range of international trade secret and technology theft disputes arising not only in Korea but also in the United States, China, Japan, Vietnam, and other jurisdictions, establishing a body of experience that is matched by none.

Expertise

Representation in Trade Secret Misappropriation and Technology Theft Litigation and Dispute Resolution

Lee & Ko’s Trade Secret and Technology Misappropriation Dispute Team leverages its extensive experience in successfully resolving numerous civil and criminal cases involving trade secret misappropriation and industrial technology thefts, together with deep technical expertise, to analyze disputes from multiple perspectives and formulate comprehensive litigation strategies for optimal resolution.

In particular, IP & Technology Practice Group boasts highly specialized members well versed in technology, with 80% of the attorneys holding degrees in STEM, enabling them to draft legal documents based on a direct understanding of the technologies and to communicate effectively with researchers and engineers at global tech companies using a “common language,” thereby ensuring both accuracy and speed in grasping technical details to provide clients with swift and precise solutions.

The Team handles civil lawsuits related to the misappropriation of trade secrets, industrial technologies, and national core technologies, including preliminary injunctions, claims for injunctive relief, and damages; manages applications for investigations into unfair trade practices before the Korea Trade Commission as well as defense responses to such inquiries; conducts criminal cases involving evidence collection, digital forensics, investigative stage response, and trials; resolves disputes through sending and responding to warning letters and engaging in negotiations; and additionally manages conflicts arising from employee recruitment or resignation processes, including violations of non compete and confidentiality obligations.

Digital Forensics

In trade secret misappropriation and technology theft cases, it has become increasingly critical to recover and analyze various digital information left on storage media such as smartphones and laptops, or on the internet, to uncover evidence of infringement.

Addressing this need, Lee & Ko’s Trade Secret and Technology Misappropriation Dispute Team distinguishes itself by conducting digital forensics in-house rather than outsourcing to external agencies. Equipped with its own forensic analysis tools, the Team not only possesses the technical capability to recover deleted data from PCs, tablets, and smartphones but also performs “unstructured data analysis” to process massive volumes of data within short timeframes. This approach delivers a superior level of service in detecting evidence for trade secret and technology theft disputes.

Offering Solutions for Industrial Technologies, including National Core Technology, National Advanced Strategic Technology and Advanced Technology

As global competition for technological hegemony accelerates, securing core technologies and production capabilities has evolved from a mere economic asset into a critical component of national security. Consequently, major economies such as the United States and Europe are strengthening regulations to protect domestic technologies by tightening foreign investment screenings and research and development security measures.

South Korea has also expanded its protective framework beyond trade secret safeguards under the Unfair Competition Prevention and Trade Secret Protection Act. Key technologies in sectors such as semiconductors, secondary batteries, displays (OLED), bio-health, robotics, and defense are now designated as National Core Technologies (“NCT”) or National Advanced Strategic Technologies (“NAST”) for stricter oversight. These designations entail rigorous regulatory requirements, including enhanced penalties for technology thefts and mandatory government approval for cross-border M&As and technology exports.

Lee & Ko’s Trade Secret and Technology Misappropriation Dispute Team is composed of IP attorneys with deep technical expertise, former prosecutors and police officers experienced in investigating various technology theft cases, and experts who previously served in government regulatory bodies such as the Ministry of Trade, Industry and Resources and the National Intelligence Service in policy-making and enforcement roles. Leveraging this specialized expertise and experience, the Team provides systematic and professional legal services across the full spectrum of technology theft disputes, including defense responses to investigations involving NCT leaks.

Conducting Administrative Investigations by the Ministry of SMEs and Startups, the Ministry of Intellectual Property, and Korea Fair Trade Commission, and Responding to the Introduction of the K-Discovery System

In efforts to eradicate the misappropriation of technologies and ideas from small and medium-sized enterprises (SMEs), the Unfair Competition Prevention and Trade Secret Protection Act (“UCPA”) has been amended to include a new provision defining “idea theft” as an act of unfair competition. Furthermore, punitive damages are now available when such idea theft is deemed intentional. In response, Lee & Ko’s Trade Secret and Technology Misappropriation Dispute Team provides proactive representation for administrative investigations conducted by bodies such as the Ministry of SMEs and Startups, the Ministry of Intellectual Property, and the Korea Fair Trade Commission.

Recently, an amendment to the Act on the Promotion of Mutually Beneficial Cooperation between Large Enterprises and SMEs passed the National Assembly on January 29, 2026, formally establishing a mechanism for discovery functions within the Korean legal system for the first time. Scheduled to take effect two years after its promulgation, this reform addresses the longstanding difficulty parties faced in accessing necessary evidence in disputes where the evidence is held primarily by the opposing side—such as technology theft cases—solely through existing civil litigation procedures. This change is hailed as a significant turning point for the entire domestic legal framework. With bills introducing a Korean-style discovery system (“K-Discovery”) already proposed for other statutes, including the UCPA, the Patent Act, and the Fair Transactions in Subcontracting Act, the system is expected to be sequentially adopted across various laws.

The introduction of new procedures—such as expert fact-finding, orders for preservation of materials, and party examinations—is anticipated to increase in litigation from companies that were previously hesitant to litigate due to the difficulties in securing evidence under conditions of evidence disparity. Accordingly, Lee & Ko’s Trade Secret and Technology Misappropriation Dispute Team is fully prepared to provide specialized legal services to navigate the implementation of the K-Discovery system.

Advising on Trade Secret-Related Contracts

Lee & Ko’s Trade Secret and Technology Misappropriation Dispute Team provides comprehensive legal advisory services on contractual relationships involving trade secrets, National Core Technologies, and intellectual property rights, including counsel on licensing agreements, joint development projects, contract manufacturing/development, and confidentiality obligations. Furthermore, the Team offers specialized services to evaluate intellectual property assets and identify specific trade secrets by conducting due diligence on IP portfolios, performing validity analyses, and assessing licensing potentials.

Strategic Counselling or Trade Secret Misappropriation & Industrial Technology Infringement Risk Management and Protection System

Lee & Ko’s Trade Secret and Technology Misappropriation Dispute Team proactively diagnoses risks related to the potential infringement of third party—including competitors—trade secrets or industrial technologies, disputes arising from employee turnover between competitors, and other related legal risks, subsequently presenting effective countermeasures. The team comprises attorneys with extensive compliance experience serving numerous large corporations and mid-sized enterprises. Leveraging a deep understanding of technology, the Team provides rapid and accurate risk analysis along with practical policy recommendations. Furthermore, the Team possesses comprehensive experience in offering end-to-end support, ranging from drafting and refining internal regulations, policies, codes of ethics, and confidentiality agreements to conducting employee training and awareness improvement campaigns.

In particular, in light of the introduction of attorney-client privilege provisions included in the amended Attorney-at-Law Act effective January 29, 2026, the Team provides specialized advisory services to companies holding trade secrets and industrial technologies. For enterprises possessing national core technologies or national advanced strategic technologies, the Team delivers comprehensive solutions that encompass not only legal counsel but also practical on-site inspections and response measures.

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Major Cases

A case filed by a Japanese steel company against a Korean steel company, for damages of more than 1 trillion won in Korea, Japan, and the United States on the grounds of trade secret misappropriation and patent infringement related to the technology for manufacturing directional electric steel plates – Lee & Ko represented the Korean steel company for successful results.
A case in which Lee & Ko successfully represented Company K against Company O in civil and criminal trade secret infringement cases concerning semiconductor and Micro-electronics Surf Scan equipment (semiconductor wafer inspection systems).
A case in which a key technical expert for AMOLED panel process technology retired from Korea's leading display company and attempted to work for a Chinese competitor – Lee & Ko advised the Korean display company regarding non-compete enforcement and trade secrets misappropriation case for successful results.
A case in which Lee & Ko successfully represented Company S, South Korea’s largest producer of monosilane (a raw material for polysilicon), in civil and criminal trade secret infringement cases against Company O, the nation’s leading producer of polysilicon (a key material for solar cells).
A case in which technical experts who previously worked for Company A leaked trade secrets related to a photosensitive injection device used for manufacturing ultra-thin film liquid crystal display (TFT/LCD) panels in the process of moving to Company B – Lee & Ko was instrumental in both criminal and civil actions where the experts were found guilty for violating their confidentiality obligations and convicted of violating the Act, to ultimately secure a decision mandating that Company B pay damages to Company A.
A case in which trade secrets related to mobile communication network devices were misappropriated while technical personnel from a mobile communication device manufacturer moved to the manufacturer’s competitor- Lee & Ko advised the mobile communication device manufacturer in a related criminal case for successful results.
A case in which technical personnel from a drill manufacturer moved to its competitor K and the drill manufacturer alleged misappropriation of trade secrets related to laser drilling program files against K - Lee & Ko successfully defended K in a civil action filed by the manufacturer.
A case in which a US petrochemical company sued a Korean chemical company (“H”) after their licensing relationship expired, alleging that H’s newly built plant misappropriated trade secrets of the United States petrochemical company - Lee & Ko represented H to reverse the previously adverse decisions in both trade secret misappropriation action and the damages claim before the Supreme Court of Korea.
A case in which Lee & Ko successfully represented Company A, a holder of robot motion control technology, in civil and criminal trade secret infringement cases against its former employees.
A case in which Lee & Ko represented a leading domestic cosmetics manufacturer, successfully securing a court judgment for an injunction against infringement and damages after technical personnel misappropriated and used trade secrets related to sunscreen manufacturing technology upon moving to a foreign cosmetics company.
A case in which Lee & Ko represented Company S in a lawsuit filed by Company K, an Austrian logistics automation system manufacturer, claiming contractual penalties for breach of a confidentiality agreement, resulting in a full victory with a ruling that no contract breach had occurred.
A case in which Lee & Ko represented a domestic company holding National Core Technologies, successfully obtaining a decision not to indict (no charges) from the Industrial Technology Security Investigation Unit of the National Police Agency regarding allegations of unauthorized overseas exports.
A case in which Lee & Ko represented employees who moved from a competitor to an air conditioning system manufacturer in criminal trade secret infringement cases, successfully securing decisions of no charges or suspension of prosecution.

Others

Digital Forensics services
Numerous cases involving preliminary injunctions obtained against former employees to enforce non-compete obligations
Numerous approvals for exports (licensing) of National Core Technologies
Advisory services on contractual relationships related to trade secrets for numerous corporations
Consulting on establishing trade secret protection systems for numerous corporations
Compliance services to prevent trade secret infringement for numerous corporations
Diagnosis of document management systems and employee training in preparation for US patent litigation
Advisory services on precautions to be taken during the recruitment of competitors’ employees for numerous corporations