군 장병 등의 직무발명 판단기준에 관한 연구

Employee invention is a big part of technological innovations. Therefore, the Republic of Korea Army (ROKA hereafter) realized the importance of employee inventions by military personnel and encourages the creation of inventions, and seeks to contribute in improving national defense by supporting for patent application and registration. However, IP management at ROKA is in its early stage so that there are not much relevant data. In addition, ROKA applies regulations of the disposition and compensation of civil servant's inventions with adjustments while in absence of specific provisions. Such lack of congruent regulation for ROKA on IP hinders appropriate management of IP. Due to the mentioned problem, ROKA is faced with difficulties in IP management. Therefore, in order to resolve the problems, this study aims to review and arrange judicial cases about the methods and standards of employee invention. The investigate leads to the requirements the employer and employee should consider for an invention to be employee invention. Moreover, the study suggests how ROKA can apply appropriate regulation and concludes with introducing the areas that should further be researched.