직무발명 보상금 산정 법리의 개선방안 모색

Through a thesis, the author presented an opinion proposing to change the legal principles on the belonging of rights for employee inventions to a British-style comprehensive employerism or a Japanese-style substantial employerism. This can lead to backlash from employees. Therefore, it is necessary to create legal environments in which a large amount of compensation can be calculated by changing the legal principles. First, when calculating the employer’s sales, it is necessary to include the employer’s sales in countries where patent rights are not registered. Second, it is not necessary to apply only the method of multiplying the hypothetical royalty rate, and it is necessary to apply the method of multiplying the employer’s profit rate together. Third, among the two methods adopted by Korean courts, it is necessary to apply the method that does not consider the employee invention’s contribution rate. Fourth, in order to strongly protect employees the method is needed to stipulate the minimum amount for compensation as in China. The design plan of the employee invention system proposed by the author is a way to harmonize the interests of employers and employees, and it is consistent with the purpose of the employee invention system.