사실관계를 심리한 대법원 상고심 판결의 문제점

Study on Korean Supreme Court Case No. 2004 HU 1809

In Korean Supreme Court Case No. 2004 HU 1809, the Supreme Court reversed a decision of Korean Patent Court and remanded for further proceedings to the Patent Court. The Supreme Court did not discuss about the matter of law regarding the subject case, but discussed only about the matter of facts, although she did neither take any discovery procedure not receive a further evidenced material or a witness's statement before the Court. This is a rare case. Before this decision, the Supreme Court had never delivered such kind decision that reversed a Higher Court decision. A re-trial was requested for the Supreme Court decision. This re-trial will be a remarkable case. Also, if the re-trial will be dismissed, the subject case shall be returned to the Patent Court for further proceedings, and a serious torment shall be put to the Patent Court.