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(영문) 전주지방법원 2017.12.14 2017구합401
직무발명심의위원회 심의결정 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is Jeonbuk University B and professor.

The Plaintiff filed an application for a patent for “D” (patent application number E), and the patent for the F date was registered.

(Registration Number G, hereinafter referred to as the “instant invention”). B.

The Ministry of Education pointed out that it is improper for the Plaintiff to file a patent application or file a registration in his/her personal name even though the instant invention constitutes an employee’s invention, and notified the Plaintiff of the comprehensive audit result that the Plaintiff would withdraw the procedure for securing rights in accordance with the relevant regulations on the instant invention, and the Defendant notified the Plaintiff of such audit result on December 29, 2015.

C. On January 6, 2016, the Plaintiff requested the Defendant to deliberate on whether the instant invention constitutes an employee’s invention by deliberation by the Employee’s Invention Deliberation Committee.

On August 4, 2016, the Defendant notified the Plaintiff of the results of deliberation that the instant invention was deliberated and resolved as an employee’s invention at the deliberation of the said employee’s invention committee.

(hereinafter “Notification of the Results of Deliberation of this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings.

2. Judgment on the Defendant’s main defense

A. The defendant defense that notification of the result of deliberation of this case is not an administrative disposition subject to appeal litigation.

B. An administrative disposition, which is the object of an appeal litigation, refers to an act of an administrative agency’s public law that directly affects the citizens’ rights and obligations by ordering the establishment of rights or the burden of obligations with respect to a specific matter, or by causing other legal effects, and an act that does not directly change legal status of the other party or other interested persons does not constitute an administrative disposition that is the object of an appeal litigation.

Supreme Court Decision 2001Du1078 Delivered on May 17, 2002

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