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Park, Ji-Young. (2018). Plagiarism of Translations by Creative Writing, and Protection of Translators’ Copyrights: On Controversy over Shin Kyung-sook's Legend and Yukio Mishima’s Short Story. Interpreting and Translation Studies 22(2), 77-100 This study analyzes the controversy that Shin Kyong-sook plagiarized Yukio Mishima’s Short Story when writing her novel, Legend, from a perspective of translators’ copyright protection. Opinions are divided over whether Shin’s Legend is a plagiarized work, with no clear solutions proposed to plagiarism as of yet. Furthermore, little attention has been paid in the controversy to the fact that the subject of plagiarism was a “translation”. Therefore, this paper attempts to propose a solution to such controversies. To this end, this study took note that the court rules on plagiarism disputes based on “comprehensive non-literal similarity” and “fragmented literal similarity”. After observing how the two criteria were imposed in a court ruling on the purported plagiarism of a translation by a creative writing, the paper applied the criteria in the same way that the court followed, leading to the conclusion that the Shin’s Legend is likely to be ruled not having plagiarized Yukio Mishima’s Short Story. Therefore, the paper proposes the introduction of tiered-licenses for translation reproduction as a solution, which would address such plagiarism controversies, promote the re-use of translations and further strengthen translators’ copyrights.

목차

 1. 서론
  1.1. 신경숙의 『전설』 표절 논란의 개요
 2. 어문저작물의 저작권 보호
  2.1. 저작자의 권리로서의 저작권
  2.2. 번역학 내 저작권법에 대한 비판
 3. 어문저작물의 창작성에 대한 법원의 판단
  3.1. 번역의 창작성
  3.2. 창작물의 창작성
 4. 신경숙 『전설』의 표절 논란의 쟁점
  4.1. 부분적ㆍ문언적 유사성
  4.2. 포괄적ㆍ비문언적 유사성
 5. 창작물에 의한 번역 저작권 침해 판결 논리
  5.1. 번역 소설 『당나귀 귀』 저작권 침해
  5.2. 『우국』 및 『전설』에 대한 판결 논리의 적용
 6. 논의
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저자

• 박지영 [ Park, Ji-Young | 아주대학교 ]

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