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A Legal Study on an Adequate compensation method for Promoting the Employee Invention

  • DONG-A LAW REVIEW
  • 2020, (88), pp.301-328
  • DOI : 10.31839/DALR.2020.8.88.301
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : July 17, 2020
  • Accepted : August 18, 2020
  • Published : August 31, 2020

Park Eunyoung 1

1동아대학교

Accredited

ABSTRACT

Recently, inventions are mainly made in research institutes and enterprises. The employee invention has become the mainstream. However, questions have been raised as to whether the employees who have invented are being compensated adequately. Laws are being reinforced through legislative amendments, but employee claims for inventor compensation are steadily increasing. Promoting the employee invention is a critical task for the national industrial development. For this purpose, it is necessary to solve the problem of the employee invention compensation. A proper compensation to employees is an important issue, but conversely, if the focus is on the compensation, the instability of R&D investment by companies will increase. Therefore, it is more efficient to provide clear standards and detailed examples rather than establish legislative and policy directions in a way that encompasses multiple situations. In addition, while respecting the principle of private autonomy, employers and employees should be able to draft and conclude contracts or work regulations at the same level as possible. In addition, employers should be given the perception that it is advantageous to reward employees with the legitimate compensation for the employee inventions. In view of these points, this paper focuses on establishing legislations and policies that allow to employers adequately compensate the employee inventions based on legislative practices of other countries.

Citation status

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