특허소송에서 전문심리위원제도의 개선방안에 관한 연구

Professional litigations, such as medical malpractice litigation, architectural litigation, and intellectual property litigation, often require highly specialized knowledge to identify issues. In particular, patent litigation is more so. In patent litigation, it is difficult to expect judges having specific and professional insights into all technical areas, therefore, expert assistance is required. Korea has basically supplemented the judge's judgment ability through the appraisal system. However, in order to cope with professional litigation more effectively, the Civil Procedure Act of 2007 was revised and an expert advisor system was introduced. More than 10 years have passed since the introduction of this system, however, it has been pointed out that this system is still not being used properly. The purpose of this study is to improve the expert advisor system in patent litigation. Especially, I tried to propose a method to improve the expert advisor system in the current patent lawsuit by comparative legal study of the system in Japan which became reference of the expert advisor system of Korea. The expert advisor system is a system that has many merits, such as being able to complement the shortcomings of the appraisal system and play a role as a simple appraisal. Nevertheless, the problem is that the utilization is too low. No matter how good a system is, if it can not be used properly, the intention of introducing it will be halved. If an expert advisor system is activated and each of the advantages of the appraisal system and the expert advisor system can be utilized effectively, a faster and more reliable patent litigation will be possible.