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(영문) 서울중앙지방법원 2016.06.30 2015가합540333

직무발명보상금 청구의 소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts of the premise are companies aimed at the development, manufacture, sale, etc. of the equipment applied by the rab, and the plaintiff is employed by the defendant around January 2001 as the vice president and CTO (Chef TNololy Off) of the defendant.

In February 2005, the retirement was canceled from the National Assembly.

During the term of office of the Plaintiff, each invention listed in the separate sheet (hereinafter “each invention of this case”) is completed jointly with other inventors, and the Defendant, the employer, succeeded to the right to obtain a patent. The Defendant filed an application for each patent for each invention of this case as shown in the separate sheet and received each patent registration. The Plaintiff is one of the inventorss, and the Plaintiff is written in the separate registration Gazette.

On the other hand, from January 1, 200, the Defendant established and implemented the “Rules on the Compensation for Patent Application” inside the company (hereinafter “company regulations”) from January 1, 200, and the main contents are as follows.

(However, the provisions on "employee invention compensation regulations and procedures" as stated in Articles 4 and 5 of the Company Regulations have not been separately enacted. All restrictions on patent applications and business improvements shall be executed with respect to the limitation on the amount of finite development under Article 2 (Scope).

(Patents (Utility Models): The implementation of proposals by technical research institutes, etc.: The implementation of proposals shall be made to the matters adopted under Article 4, such as production process, management system, cost reduction, and product improvement.

1) Classification of patent application compensation: Class 1 50,00 won/cases, Grade 2 250,000 won/cases, Grade 3 100,000 won/cases: Class 200,000 won/cases, Grade 2 100,000 won/cases, Grade 3 50,000 won/cases: 10,000 won/cases: 100,000 won/cases: referring to the rules on the compensation for employee inventions and the procedures for employee inventions, and referring to the rules on the compensation for employee inventions and the procedures for employee inventions.