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(영문) 서울중앙지방법원 2016.09.23 2015가합534321 (1)
직무발명보상금 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments

A. On October 23, 2003, the Plaintiff joined C (the trade name before the change: D) and retired on April 1, 2004 from the Defendant Company, a subsidiary company of the above company, but retired on June 30, 2008. The employee’s invention that the Plaintiff completed while the Defendant Company was employed and succeeded to the Defendant is as listed in the following table:

The Plaintiff stated from August 19, 2015 to May 12, 2015, the Plaintiff specified the Plaintiff’s employee’s invention subject to the claim for compensation as seven pages as indicated in the above table.

Therefore, the defendant should pay to the plaintiff the money stated in the purport of the claim with compensation for the employee invention.

The name of the invention is patent-related, patent-related, e.g., construction method of Ma F H 2 F H H 2pthol, underground excavation method using prefabricated plastic panels, and prefabricated ABAAC AFAC using prefabricated-type 1J-registered 3 reinforcements using prefabricated-type plastic panels and prefabricated-type KF M 4 tight printing method and stample n-type 5 pu-type flus flus flus string flus, i.e., e., e., e., prefabricated 6 thefts, e., e. GG H H H H H H H 2pthol, and eco-friendly ABAC using prefabricated-type plastic reinforcement method and prefabricated-type ABAC ABAC using prefabricated-type reinforced plastic panels

B. The Plaintiff, while working for the Defendant Company, was engaged in the business of filing patent applications and registration procedures for the Defendant representative director AD’s invention, does not constitute an inventor of the invention claimed by the Plaintiff.

Even if the Plaintiff’s invention is recognized as an employee’s invention, there is no exclusive interest that the Defendant gains from the invention, and the Defendant is not obligated to pay compensation to the Plaintiff.

2. Determination

A. Relevant regulations and Article 15(1) of the Invention Promotion Act provides that employees, etc. shall have the right to obtain a patent, etc. on an employee’s invention.

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