A Study on the Prohibition of Transfer and the Protection of Trade Secrets of The Insurance Workers

Abstract

As the 4th Industrial Revolution was applied to the entire industry, many changes occurred in the financial industry, including the insurance industry. These changes can be examined through ① insurance product development·improvement and risk management through big data analysis, ② rapid and accurate insurance rate calculation and underwriting of insurance contract using A·I, ③ the simplification of insurance conclusion, insurance premium payment, and insurance payment procedures using block chain technology, ④ effective marketing and efficient contract maintenance and management tasks through chatbot. The pace of change in the insurance industry is increasingly accelerating due to numerous practical changes in a short period of time and normative changes such as the revision of related laws of insurance industry. With the rapid change of the insurance industry, phenomena such as ① diversification of the people working in the insurance industry, ② activation of job change of the people engaged in the insurance industry, and ③ advancement of technology or information required or used in the insurance industry are occurring. If the people engaged in the insurance industry changes their jobs frequently, the possibility of leakage of information or technology related to the insurance industry or infringement of trade secrets may occur. Since this can cause fatal damage to the insurer, it will be necessary to prepare a plan to prevent the leakage of such information and technology and to protect trade secrets. In this paper, in order to protect the interests of insurers, the validity of the contract for prohibition of job transfer, which is a pre-emptive remedy, not an ex-post remedy according to the Act on the Prevention of Unfair Competition and Trade Secret Protection, the Monopoly Regulation and Fair Trade Act, etc. And we would like to examine the effectiveness of the contract for prohibition of job transfer and review its application to the people engaged in the insurance industry.