"Isn't This the Same as My Home Recipe?"... The Store of the Employee Who Disappeared After Demanding an Advance on Salary

Open a Store 15 Minutes Away with Similar Menu
Standard Recipes Are Not Legally Protected

A claim has emerged that an employee who disappeared after working at their own store opened a new store with the exact same recipe and menu.

On the 20th, a post titled "An employee disappeared and opened a store with the exact same recipe and menu" was uploaded to the self-employed community 'Apeunikka Sajangida' (Because It Hurts, I'm a Boss). The author, Mr. A, said, "Employee Mr. B requested an advance salary several times, and when I said it was difficult now, he said he would quit," adding, "I arranged to ask him to help for just a few days, but suddenly he stopped coming to work and lost contact."

There is a controversy over claims that an employee who went out of contact while working at their own store opened a new store with a menu made using the exact same recipe. On the 20th, a post titled "Employee disappeared and opened a store with the same recipe and the same menu" was uploaded to the self-employed community "Apeunikka Cheongchunida." Naver Cafe "Apeunikka Sajangida"

Then, by chance, Mr. A saw Mr. B’s messenger profile and was shocked. Mr. A said, "I searched and found that Mr. B had opened a store selling the exact same menu, from ingredients to decoration," and expressed anger, saying, "80% of this store’s menu is my recipe, and I taught it to him." Photos posted by Mr. A show that the restaurant opened by Mr. B had a similar main menu and composition to the restaurant operated by Mr. A.

Mr. A said, "We didn’t part on good terms, and he didn’t get my minimum consent, yet he opened a store just 15 minutes away by car from my store. It may not seem like a big deal, but I studied and researched a lot to create these menus, so I’m very upset. Is there any legal way to take action?" and asked netizens for help.

There is a controversy arising from claims that an employee who went out of contact while working at their own store has opened a new store with a menu made using the exact same recipe. On the 20th, a post titled "Employee went off the grid and opened a store with the same recipe and menu" was uploaded to the self-employed community 'Apeunikka Cheongchunida'. The photo is unrelated to the specific content of the article. Getty Images

Netizens who saw the post responded with sympathy, saying things like "You gave away an expensive recipe for free," "He prepared meticulously," and "That’s why there’s a saying, ‘Even the daughter-in-law doesn’t know, no one knows.’" One netizen advised, "Recipes often aren’t accepted as grounds for lawsuits even if some parts are slightly changed. It’s frustrating, but developing new menus and focusing more on business is ultimately the way to win."

Meanwhile, recipes are generally considered a process rather than a creative result and are regarded as combinations of ingredients, so they are not legally protected. Simply copying a recipe to make videos or open a restaurant is rarely seen as an infringement of rights. According to the Patent Office’s patent criteria, for a recipe to receive legal protection, it must meet △novelty △inventive step △industrial applicability to be registered and protected by patent rights.

It is necessary to specifically demonstrate how the recipe differs from general cooking methods in terms of ingredient ratios and combination methods, but it is not easy for small self-employed business owners, rather than large corporations, to clearly prove this. Copyrights can be protected without registration, but they do not apply to ideas such as recipes, so protection itself does not exist.