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Photo = Yonhap news |
[Alpha Biz= Reporter Kim Jisun] The Korean branch of Italian cosmetics company Intercos has been convicted of illegally obtaining key sunscreen technology from Korean Kolmar, marking a significant legal precedent in safeguarding domestic companies' core technologies from foreign entities.
According to Korean Kolmar, the Suwon District Court recently imposed a fine of 5 million KRW on Intercos Korea for violating the Unfair Competition Prevention and Trade Secret Protection Act. While the original fine of 10 million KRW was reduced, the guilty verdict remains confirmed, as Intercos did not appeal the decision.
Intercos Korea allegedly hired a former Korean Kolmar employee, identified as Mr. A, who subsequently leaked Kolmar’s sunscreen technology. Mr. A, who joined Korean Kolmar in 2008 and was in charge of sunscreen R&D, resigned abruptly in 2018, citing plans to move to the United States. However, just a week later, he began working at Intercos Korea. During this transition, Mr. A reportedly transferred hundreds of Kolmar's confidential files through Google Drive.
Following his hire, Intercos Korea’s sales in sun care products surged. In 2017, the company had no UV protection products on the market, but it began substantial sales of sun care items in 2018 after Mr. A joined.
A forensic analysis of Mr. A's laptop conducted by prosecutors uncovered evidence of the crime. In August 2021, the Suwon District Court sentenced Mr. A to 10 months in prison, with a six-month suspended sentence for Mr. B, who assisted in the crime, and a fine of 5 million KRW for Intercos Korea.
The second trial upheld Mr. A’s 10-month prison sentence and increased Intercos Korea's fine to 10 million KRW. Mr. A appealed, but the Supreme Court confirmed his sentence as appropriate, although it sent the case back to the Suwon District Court to reassess the fine for Intercos Korea, considering the attempted but incomplete aspects of the offense.
In the final retrial, the court acknowledged Korean Kolmar’s damages, adjusting the fine to 5 million KRW due to the absence of punitive measures for attempted actions by a corporation. Nonetheless, the guilty verdict against Intercos Korea remains unchanged.
Alphabiz Reporter Kim Jisun(stockmk2020@alphabiz.co.kr)
