Kwon Hyangyeop Proposes "Job Invention Rights Guarantee Act"

"Legal Obligation for Compensation of Job Inventions"

Kwon Hyangyeop, a member of the National Assembly's Trade, Industry, Energy, SMEs and Startups Committee (Democratic Party of Korea, Suncheon-Gwangyang-Gokseong-Gurye constituency), has proposed the "Job Invention Rights Guarantee Act" (Partial Amendment to the Invention Promotion Act) to ensure fair compensation for employee inventions.

The current law encourages and supports employees to actively make inventions related to their duties, and stipulates that employees must receive "fair compensation" even when employers succeed to patent rights or establish exclusive licenses.

Kwon Hyangyeop, Member of the National Assembly.

However, there have been concerns that there are no effective sanctions if employers fail to provide "fair compensation" to employees who create job-related inventions, resulting in employees being unable to secure the rights guaranteed by law.

In particular, the courts have ruled that "compensation for job inventions is recognized as a mandatory provision to protect the rights and interests of employees, who are in a weaker position compared to business owners, and to promote inventions. Therefore, any contract or work regulation that limits such compensation is invalid."

In response, the proposed amendment introduces measures such as conducting surveys on the status of compensation for job inventions, drafting compensation regulations, mandating deliberation by the Job Invention Review Committee, and requiring attendance at the Industrial Property Rights Dispute Mediation Committee.

Kwon emphasized, "In an era where intellectual property is at the core of technological hegemony, if the creativity and efforts of those on the industrial frontlines do not lead to 'fair compensation,' it is a failure of the system," adding, "Compensation for job inventions is not a matter of corporate goodwill, but a legal obligation."