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KOREA COPYRIGHT COMMISSION

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홈 프린트

Copyright law

CHAPTER 11.PENALTY PROVISIONS

Article 136 (Penalty Provisions)

  1. (1) Any person who falls under any of the following subparagraphs may be punished by imprisonment with labor up to five years or by a fine up to 50 million won, or may be punished by both:
    <Amended by Act No. 11110, Dec. 2, 2011>
  1. 1. A person who infringes on author’s economic right or other property rights protected pursuant to this Act (excluding the rights under Article 93) by means of reproduction, performance, public transmission, exhibition, distribution, rental, or production of derivative works;
  2. 2. A person who violates the court order under Article 129-3 (1) without justifiable grounds.
  1. (2) Any person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for up to three years or by a fine up to 30 million won, or may be punishable by both:
    <Amended by Act No. 9625, Apr. 22, 2009; Act No. 10807, Jun. 30, 2011; Act No. 11110, Dec. 2, 2011>
  1. 1. A person who defames the honor of author or performer by infringing on author's or performer's moral rights;
  2. 2. A person who files for false registration pursuant to Articles 53 and 54 (including cases applied mutatis mutandis pursuant to Articles 90 and 98) deceitfully;
  3. 3. A person who infringes on the right of a database producer protected pursuant to Article 93 by means of reproduction, distribution, broadcasting or interactive transmission;
    • 3-2. A person who violates Article 103-3 (4);
    • 3-3. A person who violates Article 104-2 (1) or (2) for his/her own business or for profit;
    • 3-4. A person who violates Article 104-3 (1) for his/her own business or for profit: Provided, That a person who, by negligence, has not known that such act causes or conceals the infringement of copyright or other rights protected pursuant to this Act shall be excluded herefrom;
    • 3-5. A person who commits an act falling under subparagraph 1 or 2 of Article 104-4;
    • 3-6. A person who violates Article 104-5;
    • 3-7. A person who violates Article 104-7;
  4. 4. A person who commits an act deemed an infringement pursuant to Article 124 (1);
  5. 5. and 6. Deleted. <by Act No. 10807, Jun. 30, 2011>

Article 137 (Penalty Provisions)

  1. (1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment with labor up to one year or by a fine up to ten million won:
    <Amended by Act No. 9625, Apr. 22, 2009; Act No. 11110, Dec. 2, 2011>
  1. 1. A person who makes a work public under the real name or pseudonym of a person other than the author;
  2. 2. A person who publicly performs or publicly transmits a performance, or distributes copies of performance under the real name or pseudonym of a person other than the performer;
  3. 3. A person who violates Article 14 (2);
    • 3-2. A person who conducts an act falling under subparagraph 3 of Article 104-4;
    • 3-3. A person who violates Article 104-6;
  4. 4. A person who operates copyright trust service without obtaining permission pursuant to Article 105 (1);
  5. 5. A person who commits an act deemed an infringement pursuant to Article 124 (2);
  6. 6. A person who obstructs the business of an online service provider by making a demand by intention for the suspension or resumption of a reproduction or interactive transmission under Article 103 (1) or (3), upon knowing that he/she had no legitimate authority;
  7. 7. A person who violates Article 55-2 (including cases applied mutatis mutandis pursuant to Articles 90 and 98).
  1. (2) A person who attempts to commit a crime under paragraph (1) 3-3 shall be punished.
    <Newly Inserted by Act No. 11110, Dec. 2, 2011>

Article 138 (Penalty Provisions)

Any person who falls under any of the following subparagraphs shall be punished by a fine up to five million won:
<Amended by Act No. 11110, Dec. 2, 2011>

  1. 1. A person who violates Article 35 (4);
  2. 2. A person who fails to indicate the sources, in violation of Article 37 (including the cases applied mutatis mutandis pursuant to Articles 87 and 94);
  3. 3. A person who fails to the holder of author's economic right, in violation of Article 58 (3) (including cases applied mutatis mutandis under Articles 63-2, 88 and 96);
  4. 4. A person who fails to notify the author, in violation of Article 58-2 (2) (including cases applied mutatis mutandis under Articles 63-2, 88 and 96);
  5. 5. A person who engages in a copyright agency or brokerage service without reporting pursuant to Article 105 (1), or who continues the services after receipt of an order to close the services pursuant to Article 109 (2).

Article 139 (Confiscation)

Among copies made by infringing on copyright or other rights protected pursuant to this Act and tools and materials mainly used to produce such copies, which are owned by the infringing person, printer, distributor or public performer shall be confiscated.
<Amended by Act No. 11110, Dec. 2, 2011>

<This Article Wholly Amended by Act No. 10807, Jun. 30, 2011>

Article 140 (Complaint)

The crimes under this Chapter shall be prosecuted only when the injured party has made a complaint: Provided, That in cases falling under any of the following subparagraphs, the same shall not apply:
<Amended by Act No. 9625, Apr. 22, 2009; Act No. 11110, Dec. 2, 2011>

  1. 1. Where an act falling under Article 136 (1) 1 or 136 (2) 3 and 4 (in cases falling under Article 124 (1) 3, the act shall not be punishable against the explicit opinion of the victim) has been committed habitually for profit-making;
  2. 2. Cases falling under Article 136 (2) 2 and 3-2 through 3-7, Article 137 (1) 1 through 4, 6 and 7, and subparagraph 5 of Article 138;
  3. 3. Deleted <by Act No. 11110, Dec. 2, 2011>

Article 141 (Joint Penal Provisions)

If a representative of a legal person, or an agent, employee or other employed persons of a legal person or an individual has committed a crime as prescribed under this Chapter with respect to the affairs of the legal person or the individual, the fine prescribed under the relevant Articles shall be imposed on such a legal person or an individual in addition to the punishment of the offender: Provided, That where a legal person or an individual has not neglected to pay reasonable attention to and supervise the relevant affairs in order to prevent such an offense, the same shall not apply.
<Amended by Act No. 9625, Apr. 22, 2009>

Article 142 (Administrative Fine)

  1. (1) A person who has failed to take necessary measures pursuant to Article 104 (1) shall be punished by an administrative fine not exceeding 30 million won.
    <Amended by Act No. 9625, Apr. 22, 2009>
  2. (2) A person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding ten million won:
    <Amended by Act No. 9625, Apr. 22, 2009; Act No. 11110, Dec. 2, 2011; Act No. 14083, Mar. 22, 2016>
  1. 1. A person who fails to comply with the order of the Minister of Culture, Sports and Tourism under Article 103-3 (2);
  2. 2. A person who fails to perform his/her duty pursuant to Article 106;
  3. 3. A person who uses the title of the Korea Copyright Commission, in violation of Article 112 (4);
  4. 3-2. A person who uses the title of the Korea Copyright Protection Agency, in violation of Article 122-2 (5);
  5. 4. A person who fails to execute orders given by the Minister of Culture, Sports and Tourism pursuant to Article 133-2 (1), (2) and (4);
  6. 5. A person who fails to give notice pursuant to Article 133-2 (3), to post notice pursuant to paragraph (5) of the same Article, to give notice pursuant to paragraph (6) of the same Article.
  1. (3) An administrative fine pursuant to paragraphs (1) and (2) shall be imposed and collected by the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree.
    <Amended by Act No. 9625, Apr. 22, 2009>
  2. (4) and (5) Deleted.<by Act No. 9625, Apr. 22, 2009>