종업원 업무 관련 지적재산권 보상제도 개선방안 연구

The creation of intellectual property rights occurs mostly in the corporate organization, not individual creation. The corporate organization is established as a contract between the person conducting the research and the person requesting the research, and disputes continue to increase over the attribution of the right to creation or the distribution of the generated profits. The result of the creative act belongs to different right holders according to the type of intellectual property rights. It is necessary to rationally adjust the interests of employees who have created with creative efforts, including users and labor, who provided research and development investments and facilities, which are the basis for creating intellectual property. CONSTITUTION OF THE REPUBLIC OF KOREA article 22 protects the rights of inventors, science engineers and artists. Intellectual property rights are created by the work of employees, the interests relationship between employees and employers is adjusted in accordance with the discipline system by the private autonomy of the parties and the legislative purpose of each law. The patent system represented by employees invention is based on the inventor's principle and recognizes the attribution of the rights of employees. In accordance with this, the interests of both are controlled by adjusting the compensation of employees and the interests of employers. The Copyrights system represented by Author of Works Made for Hire has a problem of judging the author of a business work as a legal person, while attributing the rights to the employer to the employer, while still being silent on compensation for employees who are labor providers. On this issue, this article attempted to verify the design idea of the system that regulates the interests of employees and employers. In detail, the work created in the employment relationship is widely recognized as Author of Works Made for Hire and the right relationship is decided to be shared, and institutional systems are prepared to receive remuneration for employees. We think that the regulation should be improved and so we make following suggestions. The first option is that amendments for an INVENTION PROMOTION ACT Article 17(Operation, etc. of Deliberative Committee on Employees Inventions) must be enhanced so as to complement the rules of procedure. The second options is that amendments for an COPYRIGHT ACT Article 9(Author of Works Made for Hire) should be joint works between actual creator and legal person.