Copyright law

CHAPTER 8.KOREA COPYRIGHT COMMISSION

Article 112 (Establishment of Korea Copyright Commission)

  1. (1) In order to deliberate on matters concerning copyright and other rights (hereafter referred to as “copyright” in this Chapter) protected pursuant to this Act, and to mediate and conciliate disputes concerning copyright (hereinafter referred to as “dispute”), and to conduct business necessary for the promotion of the rights and interests of right holders and protection and fair use of works, etc., the Korea Copyright Commission (hereinafter referred to as the “Commission”) shall be established.
    <Amended by Act No. 14083, Mar. 22, 2016>
  2. (2) The Commission shall be a legal person.
  3. (3) The provisions on an incorporated foundation under the Civil Act shall apply mutatis mutandis to matters not prescribed in this Act regarding the Commission. In such cases, a member of the Commission shall be deemed a director.
  4. (4) Any person who is not the Commission shall not use the name of the Korea Copyright Commission.

<This Article Wholly Amended by Act No. 9625, Apr. 22, 2009>

Article 112-2 (Organization of the Commission)

  1. (1) The Commission shall be comprised of members no less than 20 but no more than 25 including one chairperson and two vice-chairpersons.
  2. (2) Members shall be appointed by the Minister of Culture, Sports and Tourism from among the persons referred to in the following subparagraphs, and the chairperson and vice-chairpersons shall be elected from among the members. In such cases, the Minister of Culture, Sports and Tourism shall strike a balance between the number of members who reflect the interest of holders of rights which are protected by this Act and the number of members who reflect the interest of users thereof, and may request organizations of holders of a right by field or organizations of users by field or such to recommend members:
  1. 1. Those who majored in the field related to copyright as those who are or were associate professors or higher, or in the position equivalent thereto in a college or authorized research institution;
  2. 2. Those who are in the position of a judge or public prosecutor, or those who have qualification for a lawyer;
  3. 3. Those who are experienced in business in the field of copyright or cultural industry as those who are or were public officials in Grade IV or higher, or in the position in a public institution equivalent thereto;
  4. 4. Those who are or were in the position of executive officer of an organization related to copyright or cultural industry;
  5. 5. Those who have extensive knowledge and wide experience in business related to copyright or cultural industry.
  1. (3) A term of office of members shall be three years and they may be reappointed: Provided, That a term of office of a member who is appointed to the designated post shall be the term of the post he/she holds.
  2. (4) When a vacancy occurs in the membership of the Commission, a substitute member shall be appointed pursuant to paragraph (2), and a term of office of the substitute member shall be the remainder of his/her predecessor’s term of office: Provided, That if the number of members is no less than 20, a substitute member need not be appointed.
  3. (5) Subcommittees by field may be established in order to efficiently conduct business of the Commission. A resolution made by a subcommittee with respect to matters entrusted by the Commission shall be deemed made by the Commission.

<This Article Newly Inserted by Act No. 9625, Apr. 22, 2009>

Article 113 (Functions)

The Commission shall perform the following functions:
<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9625, Apr. 22, 2009>

  1. 1. Mediation or conciliation of disputes;
  2. 2. Deliberation of the matters concerning the rate or amount of fee and usage fee for copyright trust service provider pursuant to the provisions of Article 105 (6) and deliberation of the matters presented for consideration by the Minister of Culture, Sports and Tourism or jointly by three or more members;
  3. 3. Projects for setting up order in the use of works, etc. and for promoting fair use of works;
  4. 4. International cooperation for the protection of copyright;
  5. 5. Research, education and publicity of copyright;
  6. 6. Assist in establishing copyright policy;
  7. 7. Measures of technological protection and support to the formulation of policy on rights management information;
  8. 8. Construction and operation of information management system for the provision of copyright information;
  9. 9. Appraisal of infringement, etc. of copyright;
  10. 10. Deleted; <by Act No. 14083, Mar. 22, 2016>
  11. 11. Duties prescribed as duties of the Commission or duties entrusted to the Commission pursuant to statutes;
  12. 12. Other duties entrusted by the Minister of Culture, Sports and Tourism.

Article 113-2 (Mediation)

  1. (1) Any person seeking for mediation for dispute settlement may apply for mediation by filing an application with the Commission.
  2. (2) When the Commission has received an application for mediation pursuant to paragraph (1), the chairperson shall appoint a member from among the members and have him/her mediate.
  3. (3) Where a member responsible for mediation deems that a dispute is not possible to be settled through mediation, he/she may discontinue mediation.
  4. (4) When an application for conciliation has been made under this Act with respect to a dispute under mediation, the relevant mediation shall be deemed to have been suspended.
  5. (5) When mediation has been effected, a member responsible for mediation shall prepare a written mediation and put his/her name and seal on it with the relevant persons.
  6. (6) Matters necessary for application of and procedures for mediation shall be prescribed by Presidential Decree.

<This Article Newly Inserted by Act No. 9625, Apr. 22, 2009>

Article 114 (Conciliation Division)

  1. (1) In order for the Commission to effectively execute the duties of dispute conciliation, a conciliation division comprised of one member, or three or more members, including one member qualified as a lawyer.
  2. (2) Matters necessary for the composition, operation, etc. of conciliation division pursuant to the provisions of paragraph (1) shall be prescribed by Presidential Decree.

Article 114-2 (Application, etc. for Conciliation)

  1. (1) Any person who wants for dispute conciliation may apply for conciliation by filing an application for conciliation in which the intention and cause of application is stated with the Commission.
  2. (2) The conciliation division under Article 114 shall make conciliation of a dispute pursuant to paragraph (1).

<This Article Newly Inserted by Act No. 9625, Apr. 22, 2009>

Article 115 (Non-Disclosure)

The procedures of conciliation shall be kept closed to the public in principle: Provided, That the head of conciliation division may permit those who are recognized as appropriate with the consent of the relevant parties to attend the procedures.

Article 116 (Limitation on Use of Statement)

The statements made by the relevant parties or interested persons at the conciliation procedures shall not be used at the lawsuit or arbitration proceeding.

Article 117 (Conclusion of Conciliation)

  1. (1) Conciliation shall take effect by entering the matters that have been agreed upon between the relevant parties in the record.
  2. (2) The record pursuant to the provisions of paragraph (1) shall have the same effect as the court settlement: Provided, That the same shall not apply to the matters that cannot be disposed of voluntarily by the relevant parties.

Article 118 (Conciliation Expense, etc.)

  1. (1) Conciliation expense shall be borne by the applicant: Provided, That where conciliation has been concluded and unless special agreement exists, the relevant parties shall share the expense equally.
  2. (2) Matters necessary for application of and procedures for conciliation, and payment methods of conciliation expense shall be prescribed by Presidential Decree.
    <Newly Inserted by Act No. 9625, Apr. 22, 2009>
  3. (3) The amount of conciliation expense pursuant to paragraph (1) shall be determined by the Commission.
    <Amended by Act No. 9625, Apr. 22, 2009>

Article 119 (Appraisal)

  1. (1) The Commission may, where a case falls under any of the following subparagraphs, make an appraisal:
    <Amended by Act No. 9625, Apr. 22, 2009> :
  1. 1. Where a court or investigation agency requests for an appraisal of infringement of copyright or other rights for a trial or investigation;
  2. 2. Where both parties to conciliation of a dispute request for an appraisal of a program and electronic information or such related to the program for dispute conciliation pursuant to Article 114-2 to make
  1. (2) Matters necessary for the procedures, methods, etc. of appraisal pursuant to the provisions of paragraph (1) shall be prescribed by Presidential Decree.
  2. (3) When the Commission makes an appraisal pursuant to the provisions of paragraph (1), it may collect appraisal fee and the amount shall be determined by the Commission.

Article 120 (Copyright Technology Center)

  1. (1) In order to effectively execute the duties in subparagraphs 7 and 8 of Article 113, the Commission shall have Copyright Technology Center.
    <Amended by Act No. 9625, Apr. 22, 2009>
  2. (2) Matters necessary for operation of Copyright Technology Center shall be prescribed by Presidential Decree.
    <Newly Inserted by Act No. 9625, Apr. 22, 2009>

Article 121 Deleted

<by Act No. 9625, Apr. 22, 2009>

Article 122 (Subsidy, etc.)

  1. (1) The State may contribute money or provide subsidy for expenses necessary for operation of the Commission within budgetary limits.
    <Amended by Act No. 9625, Apr. 22, 2009>
  2. (2) Individuals, legal persons or organizations may contribute money or other property to the Commission in order to support the execution of duties pursuant to the provisions of subparagraphs 3, 5 and 8 of Article 113.
  3. (3) The contributions pursuant to the provisions of paragraph (2) shall be held in a separate account and approval from the Minister of Culture, Sports and Tourism shall be obtained for the use thereof.
    <Amended by Act No. 8852, Feb. 29, 2008>

CHAPTER 8-2.KOREA COPYRIGHT PROTECTION AGENCY

Article 122-2 (Establishment of Korea Copyright Protection Agency)

  1. (1) There is hereby established the Korea Copyright Protection Agency (hereinafter referred to as the "Protection Agency") to provide services related to the protection of copyright.
  2. (2) The Protection Agency shall be a corporation.
  3. (3) The Government may contribute money or provide subsidy for expenses required for the establishment, facilities, operation, etc. of the Protection Agency within budgetary limits.
  4. (4) Except as expressly provided for in this Act and the Act on the Management of Public Institutions, the provisions of the Civil Act that are relevant to an incorporated foundation shall apply mutatis mutandis in regard to the Protection Agency.
  5. (5) No one other than the Protection Agency under this Act shall not use the title of the Korea Copyright Protection Agency or any title similar thereto.

<This Article Newly Inserted by Act No. 14083, Mar. 22, 2016>

Article 122-3 (Articles of Incorporation of Protection Agency)

The articles of incorporation of the Protection Agency shall include the following matters:

  1. 1. Purpose;
  2. 2. Name;
  3. 3. Matters concerning the main office;
  4. 4. Matters concerning executive officers and employees;
  5. 5. Matters concerning the operation of the board of directors;
  6. 6. Matters concerning the Copyright Protection Deliberation Committee referred to in Article 122-6;
  7. 7. Matters concerning duties;
  8. 8. Matters concerning property and accounting;
  9. 9. Matters concerning the amendment of the articles of incorporation;
  10. 10. Matters concerning the establishment, amendment and repeal of internal regulations.

<This Article Newly Inserted by Act No. 14083, Mar. 22, 2016>

Article 122-4 (Executive Officers of Protection Agency)

  1. (1) The Protection Agency shall have not more than nine directors including one chairperson, and one auditor; the auditor and directors excluding the chairperson shall be part-time, and the chairperson shall preside over meetings of the board of directors.
  2. (2) The chairperson shall be appointed and dismissed by the Minister of Culture, Sports and Tourism.
  3. (3) The term of office of the chairperson shall be three years.
  4. (4) The chairperson shall represent and exercise overall control over the Protection Agency.
  5. (5) Where the chairperson is unable to perform his/her duties in extenuating circumstances, one of directors in the order enumerated in the articles of incorporation shall act on behalf of the chairperson.
  6. (6) No person who falls under any subparagraph of Article 33 of the State Public Officials Act shall be an executive officer of the Protection Agency referred to in paragraph (1).

<This Article Newly Inserted by Act No. 14083, Mar. 22, 2016>

Article 122-5 (Functions)

The functions of the Protection Agency shall be as follows:

  1. 1. Support for the establishment and implementation of policies for protection of copyrights;
  2. 2. Fact-finding survey and production of statistics on infringement of copyrights;
  3. 3. Research and development of technology for protection of copyrights;
  4. 4. Provision of support to the investigation and regulation of infringements on copyrights under subparagraph 26 of Article 5 of the Act on the Persons Performing the Duties of Judicial Police Officers and the Scope of Their Duties;
  5. 5. Deliberation on corrective orders issued by the Minister of Culture, Sports and Tourism under Article 133-2;
  6. 6. Making recommendations to online service providers to take corrective measures and making requests to the Minister of Culture, Sports and Tourism to issue corrective orders under Article 133-3;
  7. 7. Affairs prescribed as duties of the Protection Agency or entrusted to it, by Acts and subordinate statutes;
  8. 8. Other affairs entrusted by the Minister of Culture, Sports and Tourism.

<This Article Newly Inserted by Act No. 14083, Mar. 22, 2016>

Article 122-6 (Composition of Deliberation Committee)

  1. (1) In order to conduct deliberations under Articles 103-3, 133-2 and 133-3 and to deliberate on the matters requested by the chairperson of the Protection Agency or referred to by the chairperson of the Deliberation Committee in connection with the protection of copyright, the Copyright Protection Deliberation Committee (hereinafter referred to as the "Deliberation Committee") shall be established under the Protection Agency.
  2. (2) The Deliberation Committee shall be comprised of not less than five nor more than ten members, including one chairperson, and there shall be a balance between the number of the members representing the interest of the holders of the rights protected by this Act and the number of the members representing the interest of the users.
    <Amended by Act No. 14432, Dec. 20, 2016>
  3. (3) The chairperson of the Deliberation Committee shall be elected by and from among its members.
  4. (4) Members of the Deliberation Committee shall be commissioned by the Minister of Culture, Sports and Tourism in compliance with Presidential Decree from among persons with extensive knowledge of and experience in copyright, cultural industry, law, etc.,.
  5. (5) The term of office of a member of the Deliberation Committee shall be three years, and the consecutive appointment may be permitted.
  6. (6) Other matters necessary for the composition and operation of the Deliberation Committee shall be prescribed by Presidential Decree.

<This Article Newly Inserted by Act No. 14083, Mar. 22, 2016>