Earticle

초록

영어

Since author's moral right or property right should be considered as an each independent right, the claims for author's moral right or property right are all the separate object of a lawsuit. Therefore, in the relevant case, a claim for damages in copyright infringement of compilation works of Jungmunseojuk is different with a claim for damages in copyright infringement of derivative works. Thus, the judgement range of original trial after the remand is only confined to a claim for damages in copyright infringement of property right not a claim for the others. Lawsuit is overlapped with substantive law and procedural law so that subject of judgment also has to be decided in this respect. It is inappropriate to ignore these both aspects in order to resolve the dispute at once. The basic stance about the conception of the object of a lawsuit should be dealt in two perspectives. The first stance is this : balanced interpretation is necessary because the lawsuit is caused in the process of meeting these substantive law and adjective law. And the other is that judicial reality should be considered because it is believed that there is a correlation of judicial policy or legal policy with. Now, our country is also required to check the new theory on the object of a lawsuit at the time when discarding concurrent psychological approach, concentrated trial is adopted and the fixed number of the judges is increasing. Above all, it is suggested that proactive position on legal procedure law is needed in that the importance of one-time dispute resolution cannot be overemphasized.

목차

Ⅰ. 사건의 개요
 Ⅱ. 판결의 요지
 Ⅲ. 평석
 Ⅳ. 맺는말
 참고문헌
 Abstract

키워드

저작인격권 저작재산권 기판력 소송물 2차적저작물 편집저작물 Author's moral rights Author's property rights Res judicata The object of a lawsuit Derivative works Compilation works

저자

• 고윤석 [ Goh, Yoon-Seck | 동국대학교 법과대학 상사법전공 박사과정. ]

참고문헌

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