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학술논문창작과 권리2012.06 발행KCI 피인용 4

직무발명보상기준에 관한 연구

The legal study of employee invention compensation system

정연덕(건국대학교)

67호, 2~30쪽

초록

This study focus on employee invention compensation system. Recently job invention increases rapidly and dispute connected with employee invention is increasing very fast. In this paper, I review the calculation of compensation employee's invention on the basis of fair compensation in cases outside the country. German employee invention compensation is calculated with the provisions of invention. In case of Germany, the employee invention law has a specific payment based on legal provisions. In case of Japan, even though there is no specific critera, but there are accumulation of numerous cases examples play a role as a standard based on the specific payment. In Korea, the future payment of compensation should be based on a generalization of the guidelines. This paper suggest that employee invention compensation system should be based technology valuation system. Valuation of technology is premised on the legitimate compensation. This paper suggest that minimum compensation guideline should be enacted. Recently, court judgments are different depending on the situation. Standards should be provided for company and employees.

Abstract

This study focus on employee invention compensation system. Recently job invention increases rapidly and dispute connected with employee invention is increasing very fast. In this paper, I review the calculation of compensation employee's invention on the basis of fair compensation in cases outside the country. German employee invention compensation is calculated with the provisions of invention. In case of Germany, the employee invention law has a specific payment based on legal provisions. In case of Japan, even though there is no specific critera, but there are accumulation of numerous cases examples play a role as a standard based on the specific payment. In Korea, the future payment of compensation should be based on a generalization of the guidelines. This paper suggest that employee invention compensation system should be based technology valuation system. Valuation of technology is premised on the legitimate compensation. This paper suggest that minimum compensation guideline should be enacted. Recently, court judgments are different depending on the situation. Standards should be provided for company and employees.

발행기관:
세창출판사
DOI:
http://dx.doi.org/
분류:
지적재산권법

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