Regarding trade secret infringement, the difficulty of proving the “use” of trade secrets exists. In practice, this issue is currently through a legal doctrine that presumes the use of trade secrets, taking all circumstances into account. However, explicit legislative supplementation is needed. In 2015, Japan established a presumed provision of use trade secrets, which was expanded in a 2023 revision. While Japanese legal provisions can serve as a reference for Korea, for consistency with patent law and to ensure general application of the presumed use of trade secrets, to define presumed use of trade secrets as a significant act, not just an act of infringement is more appropriate. In other words, if a person who possesses or acquires a technical secret produces a product resulting from the use of that technical secret or engages in any other act clearly defined by Presidential Decree as evidence of the use of that technical secret, they are presumed to have used such secret for production, and so on. The detailed criteria for applicable information and acts are delegated to the Enforcement Decree, which allows for a more flexible response to changing circumstances.