Earticle

초록

영어

Without special limit of the copyright law, the existing Korean copyright law had stated that the criminal prosecution for the infringement of copyright is a crime subject to victim’s complaint. Then, to meet the environment change on the use of copyrighted works, revision of copyright law at 28/12/2006 newly legislated crime subject not to victim’s complaint. Since then, there was a revision at 2/12/2011 for execute of Korea-United States FTA. And it works to the present. In the revision at 28/12/2006, the key of crime subject not to victim’s complaint. application is that “both commercial and recidivistic” copyright infringement are the exception of the crime subject to victim’s complaint. Like this, through the revision of copyright law at 28/12/2006, lists of crime subject not to victim’s complaint. clauses are increased but both ‘commerciality’ and ‘recidivism’ are needed to application of crime subject not to victim’s complaint. Thus, they can’t had imposed a penalty without victim´s complaint, because if both ‘commerciality’ and ‘recidivism’ are not applicable, it still had applied to a crime subject to victim’s complaint. Then by the revision at 2/12/2011 for execute of Korea-United States FTA, exceptions of the crime subject to victim’s complaint. are more expanded and the application of the crime subject not to victim’s complaint. was extended by changing “for both commerciality and recidivism” to “for commerciality or for recidivism”. It means that if either “commerciality” or “recidivism” is accepted, the possibility of punishment increases without victim´s complaint. In our society today, the copyright related matter is not for special people, it comes to many people as ordinary, direct and indirect matters. Copyright is an product of human’s mental activities and an articulation of this activities. It must be prospected and protected. Because, we can look forward to more good quality culture contents and we can enjoy these only under strict and proper protect of copyright.

목차

I. 서설
 II. 저작권 침해행위에 대한 비교법적 고찰
  1. 국제조약
  2. 미국
  3. 독일
  4. 일본
 Ⅲ. 저작권침해와 관련된 형사소추 논의와 입법경과
  1. 저작권침해와 관련된 형사소추 논의
  2. 2006년 개정 저작권법상 비친고죄 규정
  3. 2011년 개정 저작권법상 비친고죄 규정
 Ⅳ. 영리성과 상습에 대한 판례의 해석
  1. 영리성과 상습성의 인정기준
  2. 저작권침해에 있어서 상습성판단에 관한 사례
 Ⅴ. 결어
 참고문헌
 

키워드

저작권 저작권침해 영리성 상습 형사처벌 한․ 미 FTA Copyright Copyright infringement Commerciality Recidivism Criminal punishment Korea-United States FTA

저자

• 김용섭 [ Kim, Yong-Sup | 인천대학교 법과대학 강사, 법학박사 ]
• 박창석 [ Park, Chang-Seok | 관동대학교 경찰행정학부 교수, 법학박사 ]

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