WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPINIIIKORlC/2 
16 March 2000 
(00-1068) 
Original: English! 
anglais! 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
REPUBLIC OF KOREA 
The present document reproduces the texe of the Computer Programs Protection Act and the 
Enforcement Decree of the Computer Programs Protection Act, as notified by the Republic of Korea 
under Article 63.2 ofthe Agreement (see document IPINIlIKORlI). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commen:e 
PRINCIP ALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRJ:ETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
REPUBLIQUE DE COREE 
Le present document contient le texte1 de la Loi sur la protection des programmes 
d'ordinateur et du Decret d'application y relatif, notifies par la Republique de Coree au titre de 
l'artic1e 63:2 de l'Accord (voir le document IPINIlIKORlI). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comereio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL P ARRAFo 2 
DEL ARTicULO 63 DEL ACUERDO 
REPUBLICA DE COREA 
En el presente documento se reproduce el texto1 de la Ley de Protecci6n de Programas 
InfoITmiticos y de su Decreto de aplicaci6n, notificados por la Republica de Corea de conforrnidad 
con el parrafo 2 del articulo 63 del Acuerdo (vease el documento IPINIIIKORlI). 
1 In English only.tEn anglais seulement.lEn ingIes solamente IPINIlIKORlC/2 
Page 2 
COMPUTER PROGRAMS PROTECTION ACT 
Act no. 3920. Dec. 31. 1986 
As I as t Amended by Ac t no. 5605. Dec. 30. 1998 
.CHAPTER.I. ..... GENERAL.PRQJ{[S.ZQNS .......................................................................................••... 3 
Article 1 Purpose ......................................................................................................................... 3 
Article 2 Definition ...................................................................................................................... 3 
Article 3 Programs of Foreigner ................................................................................................. 3 
ArticJ.e..,.. __ .-Ex.c.iusionJ"[.um-Applic.atiJ)ll .......................................................................................... 4 
Article 5 Deriyatj"e Program ...................................................................................................... 4 
CHAPTER 1I PROGRAM COPYRIGHr .............................................................................. ............. 4 
Article 6 Presumption of Program Author ................................................................................. 4 
Article 7 Author of Program Created in Senice ........................................................................ 4 
.A:rticleJL---P.r.ugram..C.oPl:right ...................................................................................................... 5 
Article 9 Right to Disclose ........................................................................................................... 5 
Article IQ Right to Indicate Name .............................................................................................. 5 
Article 11 Right to Maintain Identity .......................................................................................... 5 
ArticJ.e..12 ... _.RestrictiD.IlJlll..l'-rogr.am..C.ollyright) ........................................................................... 6 
Article 12-2 Payment of Compensation Due to Insertion in Texthooks ...................................... 6 
Article 13 Reproduction, ete. by Program User) ........................................................................ 7 
Article 14 Transfer of Program Copyright ................................................................................. 7 
Article 15 Jointly Created Prograrn ............................................................................................ 7 
.A:rticle . .lll_.P..erm.issionJD_use.F..rogr.am ......................................................................................... 7 
Article 16-2 Offer of Program to Transaction ............................................................................ 8 
Article 17 lIse of Program. Copyright Owner of which is unknown .......................................... 8 
Article 19 Exercise, de. of Program Copyright which is Object of Pledge Rights ..................... 8 
Articie..2.0_.Extinc.tioD..nLPmgram.cop,>:right .............................................................................. 8 
CHAPIER..I11 ___ .REG.lS..T.RA.TLO.N. ...................................... ................................................................. 9 
Article 21 Registration of Program ............................................................................................. 9 
Article 22 Presentation of Program ............................................................................................ 9 
Article 23 Duty to Maintenance Secret ..................................................................................... 10 
Article.2:L . .....R.e.gis.t.ration . .uf..Pro.gra.mC.op):right ............................... ........ ............... .... ...... ......... 10 IPINIlIKORlCI2 
Page 3 
CHAPTER IV REDRESS FOR INFRINGEMENT OF RIGHTS ................................................... 10 
Article 25 Request for Suspension, etc. of Infringement .......................................................... 10 
Article 26 Act to be considered as Infringement. ...................................................................... 10 
Articte..2.I ....... Claim.Jox .. D.am.ages ..........................................................•...........................•.•.......... 11 
Article 28 Infringement of Jointly Created Program ............................................................... 11 
CHAPTER V PROGRA M.DELlBERATlDN A ND MEDTA TJON CQMMlLTEE _____ ww •• __ .w •• m ••• 11 
Article 29 Program Deliberation and Mediation Committee ................................................... 11 
Article 29-2 Function ................................................................................................................. 12 
Article . .29..7.3. .... _ .. MediatiD.n.D.bision .....•....•........•...............•...................•.........•..................•..........• 12 
Article 29=4 Request, etc. for Mediation ................................................................................... 12 
Article 29-5 Demand for Attendance ........................................................................................ 13 
Article 29:6 Materialization of Mediation ................................................................................ 13 
Article 29-7 Expenses for Mediation ......................................................................................... 13 
ArticLe..29..-:8 ......... 0..rganizatiQn,~.e.U:. .. oLCommittei: •...............•..................•.•...•••..........•.....•..••.•..•..... 13 
Article 29-9 Assistance of Expenses ........................................................................................... 13 
CHAPTER VI SUPPLEMENTARYPROVlSlONS ......................................................................... 14 
Article 30 Consultation with Ministries or Agencies concerned ... .., ......................................... 14 
Ad.icle_ll ....... Relatioll.with.Otb.e.r.Acts ............•......................................•.....•...............•.....•.••....... 14 
Article 32 Delegation of Authority ............................................................................................ 14 
Article 33 Supporting Policy ...................................................................... _ ............................. 14 
Article 33-2 Designation, etc. of Program Copyright Agency .................................................. 14 
CHAPTER VII PENAL PRO VISlONS .............................................................................. .............. 15 
ArticJ.e..J.4 .... _ .. r.enaLPnn:is.iullS........... .............. ................ .... ...... ....... ... ... .......... .... ....... ... ...... ..•... .... 15 
Article 35 Joint Penal rro,jsions .............................................................................................. 16 
Article 36 Accusation ................................................................................................................ 16 
Article 37 Legal Fiction as rublic Official in Application of renal Provisions ........................ 16 
ADD£NDA ......................................................................................................................................... 16 
ADD.END.A..::!=.Ilct1Y.Q •.. :ll!J.3. .. .D.~(;._JQJ.l!l8l?: ........................................................................................ 16 
ADDENDA <Act NQ. 45:f1. Mar. 6, 1993> .......................................................................................... 16 
ADDENDUM <Act No. 4712. Jan. 5, 1994> ....................................................................................... 17 
ADDENllUM <Act NQ, 4996. Dec. 6. 1925> ....................................................................................... 17 
ADD.END.I!M_~tNQ.,.S.6fls...D.e~_3JJ...1!!.!!.8?: ...............•........ .•.............•.....•.....•..•••...•........•..•.....••..... 17 IP/N/IIKORlC/2 
Page 4 
CHAPTER I GENERAL PROVISIONS 
A:ticle 1 Purpose 
The Purpose of this Act is contribute to the development of the national 
economy by protecting the author's rights of computer program 
works(hereinafter referred to as "program") and striving for fair use of programs, 
and by promoting the programs-related industry and technology. 
Article 2 Definition 
For the purpose of this Act, the definitions of terms shall be as follows; 
<Amended by Act No. 5605. Dec. 30. 1998> 
1. The term "programs" means creative works expressed as a series of 
instructions and commands used directly of indirectly in an apparatus having 
data processing capacity such as a computer. etc. (hereinafter referred to as 
"computer"). for the purpose of obtaining a certain result; 
2. The term "program author" means a person who has created a program; 
3. The term "reproduction" means any act of reproducing a program by fixing it 
in a tangible medium without addition of any novel creativity; 
4. The term "adaptation" means any act of creating a new program using the 
whole or significant part of a series of instructions and commands from another 
original program; 
5. The term "derivative program" means a program adapted from the original; 
6. The term "disclosure" means any act of publishing a program or presenting 
it to a specified person or many unspecified persons(hereinafier referred to as 
the "public"); 
7. The term "publication" means any act of reproducing or distributing a 
program in order to meet the demand of the public; 
8. The term "distribution" means any act of transferring of lending an original 
program or its reproduction to the public; 
9. The term "transmission" means any act of transmitting a program of 
providing it for use by means of wireless or wire communications in order that 
the public may receive or use it; and<Enforcement Date: Jan. 1.2000> 
10. The term "copyright management information" means any information on a 
program, an author thereof, a holder of a right there to. and a method and 
condition of use there of which is included in an original program or its 
reproductions or indicated in connection with any transmission. and a numeral 
or mark indication such information<Enforcement Date Jan, 1. 2000> 
Article 3 Programs of Foreigner 
(1) Programs of foreigners (including foreign juristic persons; hereinafter in this 
Article the same shall apply) shall be protected according to the treaty which the Republic of Korea has joined or signed. IPINI1JKOR/C/2 
Page 5 
(2) Programs which are created by a foreign juristic person having a principal 
office in the Republic of Korea, and those which are published firstly by a 
foreigner in the Republic of Korea (including programs published in the 
Republic of Korea within thirty days from the day on which the programs are 
published in a foreign country), shall be protected under this Act. 
(3) Even though a foreigner's program falls under Paragraphs (1) and (2), if the 
foreign country to which the foreigner belongs, does not protect programs of 
nationals of the Republic of Korea, the protection under the treaty or this Act 
may be restricted correspondingly. 
Article 4 Exclusion from Application 
(1) The provisions of this Act shall not be applicable to the program languages, 
rules and algorithms used for preparing a program. 
(2) For the purpose of Paragraph (1), 
1. the term "program languages" means characters, codes and system thereof 
as means to express a program; 
2. the term "rules" means a spe:ial promise on the usage of program language 
in a specified program; and 
3. the term "algorithms" me<lns a method of combining instruction~ and 
commands in a program. 
Article 5 Derivative Program 
Derivative programs shall be protected as an independent program. 
CHAPTER 11 PROGRAM COPYRIGHT 
Article 6 Presumption of Program Author 
(1) Any person whose name (hereinafter referred to as "real name") or well­
known pen name, abbreviation, etc. (hereinafter referred to as "nickname") as a 
program author is indicated in a general manner on the original program or its 
reproduction, or in disclosing the program, shall be presumed to be the 
program author. 
(2) In case of a program without indication of the program author under 
Paragraph (1), the person who discloses or publishes it, shall be presumed to 
have the copyright of the program. 
Article 7 Author of Program Created in Service IPINIlIKORlC/2 
Page 6 
With respect to a program Greated in the course of service by a person 
engaging in services of the State, corporation, organization or other employer 
(hereinafter in this Article referred to as "corporation, etc.") under a planning of 
the corporation, etc.; the author of such program shall be the corporation, etc. 
unless the contract, service regulation, etc. provides otherwise. <Amended by 
ActNo.4712, Jan. 5,1994> 
Article 8 Program Copyright 
(1) The program author shall have the rights as provided in Articles 9 through 
11 and the rights to reproduce, adapt, translate, distribute, publish and transmit 
a program <Amended by Act No. 5605, Dec. 30, 1998> 
(2) The program copyright shall originate from the time on which the program is 
created, and it shall not be required to fulfill any procedure or formality. 
(3) The program copyright shall be maintained for fifty years from the year 
following the year in which the program is published: Provided, That if it is not 
published within fifty years after it is created, it shall be maintained for fifty years 
from the year following the year in which it is created. <Amended by Act No. 
4996, Dec. 6, 1995> 
Artide 9 Right to Disclose 
(1) The program author shall have a right to decide whether he discloses the 
program or not. 
(2) If a program author has transferred or lent a program which is not disclosed, 
or he has consented to use it under Article 16, he shall be considered to have 
given his consent to the other party on the disclosure of the program, unless 
there is any special agreement. 
(3) If a derivative program created with the consent of the original program 
author has been disclosed, only that part of the original program which is 
quoted for an adaptation shall be considered to have been disclosed. 
Article 10 Right to Indicate Name 
(1) The program author shall have the right to indicate his real name or 
nickname on the program or its reproduction, or in disclosing the program. 
(2) Any person who uses a program, shall indicate the real name or nickname 
of the program author under the conditions as indicated by the program author 
unless the program author expresses a special intention. 
Article 11 Right to Maintain Identity IP/N/l/KORlCI2 
Page 7 
Except as prescribed in the following Subparagraphs, the program author shall 
have the right to maintain the identity of the title, contents and form of his 
program: 
1. Modification of a program unusable in any computer other than a specific 
one so as to be usable in other computers in the limit as required therefor; 
2. Modification of a program so as to be used more effectively in a specific 
computer in the limit as required therefor; and 
3. Modification in the limit as deemed inevitable in light of the nature of a 
program or the purpose of use thereof. 
Article 12 Restriction on Program Copyright) 
In the cases of any of the following subparagraphs, anyone may reproduce or 
use the disclosed program within the scope necessary for the 
purpose:<Amended by Act No. 4996, Dec. 6, 1995; Act No. 5605, Dec. 30, 
1998> 
1. Where it is required for a trial; 
2. Where an educator in a school as prescribed in the Elementary and 
Secondary Education Act or the Higher ·E ducation Act or educational 
institutions established under other Acts (limited to an educational institution for 
which the scholastic ability for admission to a hir~her grade school is recognized 
or which grants a degree) reproduces or U$9S the disclosed program for 
educational purpose in a class within the SCOpE;; of not infringing unreasonably 
on the interests of a program copyright owner in consideration of the 
classification and use of the program concerned, the relative importance of the 
reproduced part to the whole program, and the number and nature of the 
reproductions; 
3. Where it is inserted in books for curricula which are necessary for 
educational purpose in high schools and equivalent schools or lower level; and 
4. Where it is reproduced or used for the individual purpose (excluding the 
case of profit-making purpose) in a limited place like a home; and 
5. Where it is aimed at any examination for an entrance to school, or other 
test or inspection regarding knowledge and skill (excluding the case of profit­
making purpose) 
Article 12-2 Payment of Compensation Due to Insertion in Textbooks 
(1) A person who intends to insert a program in textbooks under 
subparagraph 3 of Article 12 shall payor deposit compensation as determined 
by the Minister of Information and Communication via the deliberation of the 
Program Deliberation and Mediation Committee as prescribed in Article 29 to a 
program copyright owner within thirty days from the day when the amount of the 
compensation is determined. 
(2) Matters necessary for the determination of compensation as prescribed in 
paragraph (1) shall be prescribed by the Presidential Decree. IP/N/l/KORlC/2 
Page 8 
[This Article newly Inserted by Act No. 5605, Dec. 30, 1998] 
Article 13 Reproduction, etc. by Program User) 
(1 ) Any person who possesses and uses reproductions of a program under a 
proper title, may reproduce the reproduction in the limit necessary for meeting 
with the destruction, damage, alteration, etc. of the reproduction. 
(2) If a person who possesses and uses reproductions of a program, has lost 
the right to possess and use it, he shall destruct the reprOduction which was 
made under Paragraph (1), unless the program copyright owner manifests other 
intentions: Provided, That if the right to possess and use the reproduction of a 
program is lost due to the destruction of it, this provision shall not be applicable. 
Article 14 Transfer of Program Copyright 
Program copyright may be transferred in whole or in part. 
Article 15 Jointly Created Program 
(1) The copyright of a program which is created jointly by two or more 
persons, and unusable with parts contributed by each person separated 
(hereinafter referred to as "jointly created program"), shall be owned jointly by 
those who create it jointly, and their portions of co-ownership shall be 
considered to be equal unless there is any special agreement among them. 
(2) The copyright of a jointly created program shall not be exercised without 
an agreement of all the copyright co-owners, and each co-owner shall not 
transfer his portion or make it an object of the pledge right without consent of 
other co-owners. In this case, each co-owner shall not prevent them from 
reaching an agreement or refuse his consent, contrary to good faith. 
(3) If one of the jointly created program copyright co-owners has died without 
leaving an heir, or gives up his portion, the portion shall be distributed to other 
co-owners in proportion to their portions. 
Article 16 Permission to use Program 
(1) The program copyright owner may permit other persons to use his 
program. 
(2) Any person who is permitted to use the program under Paragraph (1), 
may use it within the limit of permitted use methods and conditions, and may 
not transfer the right to use to a third person without consent of the program 
copyright owner. Article 16-2 Offer of Program to Transaction IP/N/l/KORlC/2 
Page 9 
(1) In the event that any original program or reproduction thereof is offered to 
a transaction by a way of sales, with the permission of the program copyright 
owner, it may be distributed con:inuously. 
(2) Notwithstanding the provisions of Paragraph (1), if any program for sale is 
lent with a profit-making intention, it shall be permitted by the program copyright 
owner. 
[This Article Newly Inserted by Act No. 4712, Jan. 5, 1994] 
Article 17 Use of Program, Copyright Owner of which is unknown 
(1) In cases where a person who desires to use a program is unable to 
receive permission for use from the program copyright owner because he does 
not know the program copyright owner or his residence, for all his considerable 
efforts, he may use it after depositing the amount notified publicly by the 
Minister of Information and Communication for the program copyright owner 
within thirty days from the day when he obtains the approval of the Minister of 
Information and Communication via the deliberation of the Program Deliberation 
and Mediation Committee as prescribed in Article 29 after obtaining the said 
approval under the PrE:sidential Decree <Amended by Act No. 4996, Dec. 6, 
1995; Act No. 5605, Dec. 30, 1998> 
(2) The contents that the Minister of Information and Communication has 
approved and the date of approval shall be indicated on the reproduction of 
program used under paragraph(1) <Amended by Act No. 4996, Dec. 6, 1995> 
Article 18 Promotion of Program Circulation) If a program copyright owner 
receives a request of a program end-user in good faith for an offer to use the 
program which is already published and in circulation, he shall cooperate with it 
unless there is any justifiable reason. 
Article 19 Exercise, etc. of Program Copyright which is Object of Pledge 
Rights 
(1) The program copyright which is the object of the pledge rights, shall be 
exercised by the program copyright owner unless there is any special 
agreement in the act establishing such pledge rights. 
(2) The pledge rights, the object of which is the program copyright, may also 
be exercised on money or other things to be paid to the program copyright 
owner by a transfer of the program copyright, transfer or lending of the program, 
and permission of use under Article 16: Provided, That the money or things to 
be paid shall be seized before a payment or delivery of things. 
Article 20 Extinction of Program Copyright IP/NIl/KORlC/2 
Page 10 
The program copyright shall be extinguished in the following subparagraphs: 
1. Where the program copyright owner has died without leaving an heir, and 
his rights are reverted to the State under the provisions of the Civil Code and 
other laws; and 
2. Where a juristic person or organization which is the program copyright 
owner, is dissolved, and its rights are reverted to the State under the provisions 
of the Civil Act and other Acts 
CHAPTER III REGISTRATION 
Article 21 Registration of Program 
(1) The program author may register the following matters, unless it has 
elapsed one year after creation of the program: 
1. Denomination or title of the program; 
2. Nationality, real name and residence of the program author; 
3. Date of creation of the program; and 
4. Outline of the program. 
(2) If the program author has died, the person designated by his will, or his heir 
may make the registration as referred to in Paragraph (1), unless the author 
manifests any special intention. 
(3) The registration as provided in paragraph (1) shall be exercised by the 
Minister of Information and Communication after recording it in the program 
register. <Amended by Act No. 4996, Dec. 6, 1995> 
(4) The matters necessary for the registration of a program, the public bulletin of 
program for the registered program under the provisions of paragraph (1), and 
notify publicly the fact of such registration <Amended by Act No. 4996, Dec. 6, 
1995> 
(5) The matters necessary for the registration of a program, the public bulletin of 
program, the perusal of the program register and the request of its copy delivery, 
etc.. shall be prescribed by the Presidential Decree. <Amended by Act No. 
4996, Dec. 6, 1995> 
(6) Any person who desires to register the program, the perusal of the program 
register and copy delivery of a program shall pay the fee as prescribed by the 
Ordinance of the Ministry of Information and Communication <Newly Inserted 
by Act No. 4996, Dec. 6, 1995> 
Article 22 Presentation of Program 
(1) Any person who makes a registration under the provisions of Article 21 (1) 
and (2) shall present a reproduction of the program to the Minister of 
Information and Communication at the time of registration <Amended by Act No. 
4996, Dec. 6, 1995> 
(2) In cases where there is a presentation under the provisions of paragraph (1), IP/N/IIKORlC/2 
Page 11 
any registered program shall be presumed to be created on the registered 
creation date 
(3) Matters necessary for presentation of the program shall be determined by 
the Presidential Decree. 
Article 23 Duty to Maintenance Secret 
Any public official who is er:gaged in affairs to manage reproductions of 
programs presented under Artde 22, or any person who was in such position, 
shall not divulge to other persons a secret which he acquired in the course of 
his duties. 
Article 24 Registration of Program Copyright 
(1) If the matters falling under any of the following subparagraphs are not 
registered. it shall not oppose to a third party: 
1. Transfer (excluding cases of inheritance and other general succession) or 
restriction on disposal of program copyright; and 
2. Establishment, transfer, modification, extinction or disposal restriction of 
the pledge right the object of which is the program copyright. 
(2) The provisions of Article 21 (3) through (6) shall apply mutatis mutandis to 
the registration of a program copyright as prescribed in paragraph (1) of this 
Article. In this case, the term "program" shall be deemed to be "program 
copyright", and the term "program register" shall be deemed to be "program 
copyright register". <Newly Inserted by Act No. 5605, Dec. 30, 1998> 
CHAPTER IV REDRESS FOR INFRINGEMENT OF 
RIGHTS 
Article 25 Request for Suspension, etc. of Infringement 
(1) The program copyright owner may request a person who infringes or may 
infringe his right to suspend or prevent the infringement. 
(2) The program copyright owner may, upon making a request under Paragraph 
(1), request together with it to destroy articles made by and instruments, etc. 
provided for the act of infringement, or to take other measures necessary for 
preventing the infringement. 
Article 26 Act to be considered as Infringement 
Any act falling under any of the following subparagraphs, shall be considered 
as one infringing the program copyright concerned: IP/N/l/KORlC/2 
Page 12 
1. An act which imports any program infringing the program copyright for the 
purpose of distribution in Korea, if it had been made in Korea at the time of 
import; 
2. An act of a person who uses any reproduction of a program made by an 
act infringing the program copyright (including any imported program as 
referred to in subparagraph 1) in a computer for his business, through he has 
know the fact; and 
3. An act of intentional and unauthorized elimination or modification of 
electronic copyright management information, or intentional and unauthorized 
distribution of original programs or reproductions or importation or transmission 
thereof for the purpose of distribution. «Enforcement Date: Jan. 1, 2000» 
[This Article Wholly Amended by Act No. 4712, Jan. 5, 1994] 
Article 27 Claim for Damages 
(1) The program copyright owner may make a claim for damages against the 
person who has infringed his rights on purpose or by fault. 
(2) Any person who has infringed a registered program copyright of another 
person, shall be presumed to be negligent in his act of infringement. 
(3) The amount of profit which a person infringing the program copyright has 
realized by his act of infringement, shall be presumed to be the amount of loss 
which the program copyright owner has sustained. 
(4) The program copyright owner may claim as damages the amount 
corresponding to that gainable ordinarily through the exercise of his right, in 
addition to damages as referred to in Paragraph (3). 
(5) If the occurrence of damages is acknowledge but it is difficult to calculate 
the amount of damages as prescribed in paragraphs (3) and (4), a court may 
admit a reasonable amount of damages in consideration of the testimony and 
the examination of evidence <Newly Inserted by Act No. 5605, Dec 30, 1998> 
Article 28 Infringement of Jointly Created Program 
Each author or copyright owner of a jointly created program may make a claim 
under Article 25 without consent of other authors or copyright owners, and may 
claim damages under Article 27 to his portion with respect to the infringement of 
his program copyright. 
CHAPTER V PROGRAM DELIBERATION AND 
MEDIATION COMMITTEE 
Article 29 Program Deliberation and Mediation Committee 
(1) In order to deliberate matters concerning the program copyright, and IP/N/IIKORlC/2 
Page 13 
mediate any dispute on the right protected under this Act (hereinafter referred to 
as "dispute"), the Program Deliberation and Mediation Committee (hereinafter 
referred to as "Committee") shall be established. 
(2) The Committee shall be composed of ten to fifteen members of deliberation 
and mediation (hereinafter referred to as "members"), including the chairman. 
(3) The members shall be selected from among those who have learning and 
experience in programs and copyright, by the Minister of Information and 
Communication and the chairman shall be nominated by the Minister of 
Information and Communication from among the members. <Amended by Act 
No. 4996, Dec. 6, 1995> 
(4) The term of members shall be three years: Provided, That of any members 
who are commissioned with their positions designated, shall be the period in 
which they are in such positions. 
(5) In case there is a vacancy in members, a supplementary member shall be 
commissioned under the provisions of paragraph (3), and the term of such 
supplementary member shall be the remaining period of his predecessor's term 
[This Article Wholly Amended by ActNo. 4712, Jan. 5, 1994] 
Article 29-2 Function 
The committee shall deliberate on the policy matters concerning the protection 
of the program copyright such as matters concerning a compensation as 
prescribed in Articles 12-2(1) and 17 (1), technical matters, and other matters 
as prescribed by the Presidential Decree in addition to mediations of disputes 
<Amended by Act No. 5605, Dec. 30, 1998> 
[This Article Newly Inserted by Act No. 4712, Jan. 5, 1994] 
Article 29-3 Mediation Division 
In order to carry out efficiently the dispute mediation services of the Committee, 
the Mediation Division composed of three members shall be established in the 
Committee, but one of them shall be qualified for the lawyer. 
[This Article Newly Inserted by Act No. 4712, Jan. 5, 1994] 
Article 29-4 Request, etc. for Mediation 
(1) Any person who desires to have any dispute mediated, may request a 
mediation of the dispute by filing a written request specifying the purpose and 
cause of request, with the Committee. 
(2) The mediation of a dispute as referred to in Paragraph (1) shall be rendered 
by the Mediation Division as prescribed in Article 29-3. 
(3) The Committee shall make mediation within three months after mediation is 
requested: Provided, That if there exists any special reason, it may extend the 
three month period only one time within the limit of one month with the consent IPIN/1IKORlC/2 
Page 14 
of both interested parties. <Amended by Act No. 5605, Dec. 30, 1998> 
(4) If he period as prescribed in paragraph (3) expires, the mediation shall be 
deemed not to be materialized <Newly Inserted by Act No. 5605, Dec. 30, 
1998> 
[This Article Newly Inserted by Act No. 4712, Jan. 5, 1994] 
Article 29-5 Demand for Attendance 
(1) If it is deemed necessary for a mediation of dispute, the Committee may 
demand the party concerned, his representative or interested person to attend 
at the Committee, or to present necessary related documents. 
(2) If the party to the mediation fails to comply with the demand for attendance 
as referred to in Paragraph (1), without any justifiable reason, the mediation 
shall be considered not to be materialized. 
[This Article Newly Inserted by Act No. 4712, Jan. 5,1994] 
Article 29-6 Materialization of Mediation 
(1) The mediation shall be materialized by entering the matters agreed between 
parties in a protocol. 
(2) The protocol as referred to in Paragraph (1) shall have the same effect as 
the judicial conciliation, except in case of matters which the parties are unable 
to dispose at their option. 
[This Article Newly Inserted by Act No. 4712, Jan. 5, 1994] 
Article 29-7 Expenses for Mediation 
(1) The expenses for a mediation shall be borne by the applicant: Provided, 
That when the mediation is materialized, both of parties shall bear equally such 
expenses, unless there is any special agreement. 
(2) The amount of the mediation expenses as referred to in Paragraph (1) shall 
be determined by the Committee. 
[This Article Newly Inserted by Act No. 4712, Jan. 5,1994] 
Article 29-8 Organization, etc. of Committee 
The organization and operation of the Committee, procedure of medialion, 
payment method of mediation expenses, and other necessary matters, shall be 
determined by the Presidential Decree. 
[This Article Newly Inserted by Act No. 4712, Jan. 5, 1994] 
Article 29-9 Assistance of Expenses IPJNI1 IKORlC/2 
Page 15 
The State may assist the expenses necessary for the operation of the 
Committee, in the limit of the budget. 
[This Article Newly Inserted by Act No. 4712, Jan. 5, 1994] 
CHAPTER VI SUPPLEMENTARY PROVISIONS 
Article 30 Consultation with Ministries or Agencies concerned 
If the Minister of Information and Communication desires to decide and 
execute important matters concerning the program copyright under the 
provisions of this Act, he shall consult with the Minister of Culture and Tourism 
in advance <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4541, Mar. 6, 
1993; Act No. 4996, Dec. 6. 1995;ActNo,5605, Dec. 30, 1998> 
Article 31 Relation with Other Acts 
Except as provided in this Ac:, if there are provisions concerning the protection 
of programs in the Copyright Act, such provisions shall apply. 
Article 32 Delegation of Authority 
The Minister of Information and Communication may delegate the authority 
regarding the registration and presentation of programs, and the registration of 
the copyright under the provisions of Articles 21, 22 and 24 to an organization 
as prescribed by the Presidential Decree 
[This Article Wholly Amended by the Act No. 4996, Dec. 6, 1 995] 
Article 33 Supporting Policy 
The Government shall devise a supporting policy, such as creation of demand, 
etc. necessary for the quality assurance, technology enhancement, 
development acceleration of programs on the basis of a fair trade spirit, in 
connection with the protection of programs. 
Article 33-2 Designation, etc. of Program Copyright Agency 
(1) In order to promote the use of programs and foster the programs-related 
industry, the Minister of Information and Communication may designate an 
organization executing the trust management of the program 
copyright(hereinafter referred to as an "agency"), and have it conduct the trust IPINIlIKORlC/2 
Page 16 
affairs of the program copyright in conformity with such requirements and 
formalities as prescribed by the Presidential Decree. 
(2) Any person who conducts an agency or the mediation of program copyright 
shall make a report to the Minister of Information and Communication as 
prescribed by the Presidential Decree. 
(3) The matters concerning the operation, fee, etc. of the agency as provided in 
paragraph (1) shall be prescribed by the Presidential Decree. 
[This Article Newly Inserted Amended by Act No. 4996. 6. 1995] 
CHAPTER VII PENAL PROVISIONS 
Article 34 Penal Provisions 
(1) Any person who falls under any of the following subparagraphs shall be 
sentenced to imprisonment for not more than three years, or by a fine not 
exceeding fifty million won, or both: <Amended by Act No. 5605, Dec. 30, 
1998> 
1. A person who infringes on a program copyright by means of a public 
announcement, reproduction, adaptation, translation, distribution, publication or 
transmission; cmd«Enforcement Date: Jan. 1. 2000» 
2. A person who commits any act falling under the provisions of 
subparagraphs 1 and 2 of Article 26 «Enforcement Date: Jan. 1. 2000» 
(2) Any person who violates the provisions of Article 23, shall be punished by 
imprisonment for not more than two years, or a fine not exceeding twenty 
million won. 
(3) Any person who falls under any of the following subparagraphs shall be 
punished by imprisonment for not more than one year, or by a fine not 
exceeding the million won: <Amended by Act No. 4996, Dec. 6, 1995; Act No. 
5605, Dec. 30, 1998> 
1. Person who commits an act changing or concealing the real name or 
nickname of the program author, or changing the title of the program, without 
any justifiable title; and 
2. Person who makes a false registration of the program as prescribed in 
Article 21, or presents a false reproduction of the program as prescribed in 
Article 22. 
3. A person who commits any act falling under the provisions of 
subparagraph 3 of Article 26; and «Enforcement Date: Jan. 1. 2000» 
4. A person who conducts the affairs of the program copyright agency without 
obtaining the designation as provided in Article 33-2 (1). 
(4) Any person who carries on an agency or mediation of the program copyright 
without making a report as provided in Article 33-2 (2) shall be sentenced to a 
fine no exceeding five million won<Newly Inserted by Act No. 4996, Dec. 6. 
1995> 
[This Article Wholly Amended by Act No. 4712, Jan. 5, 1994] Article 35 Joint Penal Provisions IP/N/1/KORlC/2 
Page 17 
If a representative of a juristic person, or an agent, employee or other 
serviceman of a juristic person or individual has committed an offense as 
prescribed in Article 34 with respect to affairs of the juristic person or individual, 
the fine as prescribed in the said Article shall also be imposed on such juristic 
person or individual, in addition to the punishment of the offender. 
Article 36 Accusation 
A public prosecution concernin;J any crime as provided in Article 34 (1) and (3) 
1 and 3 shall be subject to an accusation relating thereto <Amended by ActNo. 
4712, Jan. 5, 1994, Act No. 5605, Dec. 30,1998> «Enforcement Date: Jan. 1. 
2000» 
Article 37 Legal Fiction as Public Official in Application of Penal Provisions 
The executive and staff of an organization who are engaged in the affairs 
entrusted by the Minister of Information and Communication under the 
provisions of Article 32 shall be considered as public officials in application of 
the provisions of Article 34 (2), and Articles 129 throush 132 of the Criminal Act. 
<Amended by Law No. 4712, Jan. 5, 1994; Act No. 4996, Dec. 6, 1995> 
ADDENDA 
(1) (Enforcement Date) This Act shall enter into force as of July 1, 1987. 
(2) (Interim Measures) This Act shall not apply to programs created before the 
enforcement of this Act. 
ADDENDA <Act No. 4183, Dec. 30, 1989> 
Article 1 (Enforcement Date) This Act shall enter into force as of the date of its 
promulgation. (Proviso is omitted) 
Articles 2 to 6 Omitted. 
ADDENDA <Act No. 4541, Mar. 6, 1993> 
Article 1 (Enforcement Date) This Act shall enter into force as of the date of its 
promulgation. (Proviso is omitted) 
Articles 2 to 5 Omitted. IPINIlIKORlC/2 
Page 18 
ADDENDUM <Act No. 4712, Jan. 5, 1994> 
This Act shall enter into force at the expiration of six months after its 
promulgation. 
ADDENDUM <Act No, 4996, Dec. 6, 1995> 
This Act shall enter into force on the sixth month following the date of its 
promulgation. 
ADDENDUM <Act No. 5605, Dec. 30, 1998> 
This Act shall enter into force on January 1. 1999 : Provided, That the amended 
provisions of subparagraphs 9 and 10 of Article 2, Article 8 (1), subhparagraph 
3 of Article 26, Article 34 (1) (limited to subparagraphs) and (3) 3, and Article 36 
shall enter into force on January 1, 2000 IPINIIJKORlC/2 
Page 19 
ENFORCEMENT DECREE OF THE 
COMPUTER PROGRAMS PROTECTION ACT 
Presidential Decree No. 12218, Jul. 2']', 1987 
As last Amended br Presidential Decree No 16050, Dec. 31,1998 
-TABLE OF CONTENTS -
CHAPTER I GENERAL PROVISIONS .............................................................. ............................. 3 
Ar:.ticJ.e.l. ... __ P.ur.p.ose ......................................................................................................................... 3 
Article 2 Protection of Foreigner's Program .............................................................................. 3 
CHAPTER /-2 COMPENSATION DUE TO INSERTION IN CURRICULUM BOOKS ................ 3 
Article 2-2 Application for Determination and Public Announcement of Compensation .......... 3 
Article 2-3 Notification and Public Announcement of Determination of Compensation ........... 4 
Article 2-4 Deposition of Compensation ..................................................................................... 4 
.C!i./jETJilL.lL.&.J!RQK~.LQ£EliQ.Y..lJAMl!.$E. ........................ ....................................................... 4 
Article 3 Scope of Program lYse .................................................................................................. ... 
Article 4 Application for Appronl of Program Use and public Notification ............................ 4 
Article .. 5._ .... .Ap.pr.o:\:al.for.~r..ogramJIse ........................................................................................... 5 
Ar:.ticle 6 Rejection of Approval or Program Use ........................................................................ 5 
Article 7 through 9-2 Deleted ...................................................................................................... 6 
Article 19 Approyal for Use of F()reigner's Program ................................................................. 6 
f:..!!.4E.'f."!iB_.lll .. E13.Q{l.!1!1M..!llJJi.!,S..IMI!'Q!J. ..................................................................................... 6 
Article 11 Registration, etc. of Program ...................................................................................... 6 
Ar:.ticle.12 .. _._Pr..ogr:am.Regis.ter..B.oo.k .............................................................................................. 7 
Ar:.ticle.13_ ...... P.r.Qgram.P.uhlic.Blllletin ............................................................................................. 7 
Article 14 Inspection, etc., of P.rogram Register Book ................................................................ 7 
Article 15 Changes, etc. of Program Registration Matters ......................................................... 7 
Article 16 Delivery of Program Registration Certiticate ............................................................ 7 
Article . .ll. ____ In.dication..oI.Pr.ogram.R.e.gis.tration ........................................................................... 8 
Article 18 Presentation of Program Registration ....................................................................... 8 
Article 19 Management of Program Reproduction .................................................................... 8 
Article 20 COllY of Program Reproduction ................................................................................. 8 IPIN/1IKORlC/2 
Page 20 
Atlkk2L ...... P.rogram .. c.oPJ.tight.Register . .B!lOk ..........................•...........•.......•........................•.... 8 
Article 22 Application for Program COJlyright Registration ...................................................... 8 
Article 23 Deleted ........................................................................................................................ 9 
CHAPTER IV PROGRAM DELIBERATION AND MEDIATION COMMITTEE ............................. 9 
Article 24 Functions of Program Deliberation and Mediation Committee ................................ 9 
Article 25 Deleted ........................................................................................................................ 9 
Article.2.6 ........ D.u.tics .. QLChaj~m.an ....... _ ............................................................................................ 9 
ArticLe.2.1. ....... 0pe.r.ati.QD..o.LC.ommittce ........................................................................................... 10 
Article 27-2 Mediation Procedures ........................................................................................... 10 
Article 27-3 Deleted ................................................................................................................... 11 
Article 28 Establishment of Special Subcommittees ................................................................. 11 
Artitle.29 ... _ ... F.ublic...F.:o.rum ... etc ..................................................................................................... 11 
Article 30 Secretariat ................................................................................................................ 11 
Article 31 Stipend and Trayeling Expenses .............................................................................. 12 
CHAPTER V CONSIGNMENT MANAGEMENT OF PROGRAM COPyRIGHT ......................... 12 
Arti:Je 31·2 Appointment Standard for Consignment r.lanagement Agency .......................... 12 
Article 31-3 Report Procedure of Agency and Brokera~~e of Program Copyrigbt ................... 12 
r;!!.~.I¥.!.L.Yl .. 9...QN.$H;/Ylff§.!Y.LQE.!lJ1S.!!Y.!i/i$.. ............................................................................. 13 
Article 32 Consignment Qf AuthQrity ........................................................................................ 13 
Article 33 Deleted. <by Presidential Decree NQ. 16050, Dee.. 31,1998> ................................... 13 
ADDENDIlM ................................................................... ................................................................... 13 
ADDENDUM <Presidential Decree No. 12895. fan. 3.1990> .................................................... 13 
ADDENDUM <Presidential Decree No. 13869, Mar. 6. 1993> ...................................................... 13 
ADDENDUM <Presidential Decree No. 14311, fun. 30,1994> ..................................................... 14 
AIWENll.UM._._ .. -5:Pr.esid.entifl1D.e..cle.e..JY.o, .. 1.5..QZ!!.,J.JJ.f1 •. _.l .. .l!!.2..6.?: .................................................... 14 
AJ)llElYILUM .. _.-:':P.r.csid.e..nti.«/.D.e..ccc.e.../Y.cJ .. 1.5..J.9..8,.1l.e.f:. ... 3L.12.. 9.]~ ..................................................... 14 
ADDENDUM <Presidential Decree No. 16050. Dec. 31, 1998> ..................................................... 14 CHAPTER I GENERAL PROVISIONS 
Article 1 Purpose IP/N/lfKORlC/2 
Page 21 
The purpose of this Decree is to prescribe the matters delegated by the 
Computer Programs Protection Act (hereinafter referred to as the "Act") and 
matters necessary for the enforcement thereof. 
Article 2 Protection of Foreigner's Program 
(1) Any person who has interest in a program of a foreigner may submit an 
application to restrict the protecton on a program of a foreigner. containing such 
information as the matters falling under any of the following subparagraphs, to 
the Minister of Information and Communication and may request the restriction 
of protection on the program of the foreigner concerned as provided in the 
provisions of Article 3 (3) of the Act: <Amended by Presidential Decree No. 
15019, Jun. 7, 1996> 
1. The name of the country not protecting the programs of Koreans and the 
contents not protected; and 
2. The contents necessary for the restriction of protection and methods of 
restriction 
(2) In cases where the Minister of Information and Communication under the 
provisions of Article 3 (3) of the Act restricts the protection on the programs of a 
foreigner, he shall notify publicly in a public programs bulletin(hereinafter 
referred to as a "public programs bulletin"). the contents of restriction, reasons 
for restriction and conditions for removing the restriction, as provided in Article 
21 (4) of the Act <Amended by Presidential Decree No. 15019, Jun. 7, 1996> 
CHAPTER I -2 COMPENSATION DUE TO INSERTION IN 
CURRICULUM BOOKS 
Article 2-2 Application for Determination and Public Announcement of 
Compensation 
(1) A person who intends to insert any program in textbooks under Article 12-2 
of the Act shall present a written application for determination of compensation 
with documents as prescribed by the Ordinance of the Ministry of Information 
and Communication to the Minister of Information and Communication 
(2) If the Minister of Information and Communication receives a written 
application for determination of compensation under paragraph (1), he shall 
make a public announcement of the contents of such an application in a public 
bulletin. IPINIlIKORlC/2 
Page 22 
[This Article Newly Inserted by Presidential Decree No. 16050, Dec. 31, 
1998] 
Article 2-3 Notification and Public Announcement of Determination of 
Compensation 
If the Minister of Information and Communication determines compensation 
under Article 12-2 of the Act. he shall notify applicants for determination of 
compensation and program copyright owners of the contents of such 
determination : Provided, That where he is unable to know program copyright 
owners or their residences, he shall make a public announcement of the 
contents of such determination in a public bulletin. 
[This Article Newly Inserted by Presidential Decree No. 16050, Dec. 31, 1998] 
Article 2-4 Deposition of Compensation 
A case where compensation is deposited in lieu of the payment of 
compensation to a program copyright owner under Article 12-2 (1) of the Act 
shall be as follows; 
1. Where a program copyright owner or his residence is unknown; 
2. Where a program copyright owner is unable to be paid con~pensation due 
to the refusal of receipt of compensation by a program copyright owner or other 
reasons; and 
3. Where a right of pledge which has the program copyright concerned for its 
object is established (excluding where a program copyright owner obtains the 
consent of a person who holds said right of pledge) 
[This Article Newly Inserted by Presidential Decree No. 16050, Dec. 31, 
1998] 
CHAPTER IT APPROVAL OF PROGRAM USE 
Article 3 Scope of Program Use 
The scope of program use as provided in the provisions of Article 17 (1) of the 
Act means the reproduction use, the adaptation use and the translation use of 
programs. 
Article 4 Application for Approval of Program Use and Public Notification 
(1) Any person who desires to obtain an approval to use a program as provided 
in Article 17 (1) of the Act shall submit a written application for approval of 
program use to which documents as prescribed by the Ordinance of the IP/N/lfKORlCI2 
Page 23 
Ministry of Information and Communication are attached to the Minster of 
Information and Communication <Amended by Presidential Decree No. 15019, 
Jun. 7, 1996: Presidential Decree No. 16050, Dec. 31, 1998> 
(2) When the Minister of Information and Communication receives the 
application for approval of program use as provided in paragraph (1), he shall 
fix a period of more than 30 days and notify publicly the contents of such 
application in a public program :::>ulletin<Amended by Presidential Decree No. 
15019, Jun. 7,1996: Presidential Decree NO. 16050, Dec. 31, 1998> 
(3) The program copyright owner, etc., who has an objection to the matters 
notified under the provisions of paragraph (2) of this Article may submit his 
objection in writing to the Minister of Information and Communication. 
<Amended by Presidential Decree No. 15019, Jun. 7, 1996> 
Article 5 Approval for Program Use 
(1) If there is no submission of data which states the name of the program 
copyright owner or his residence and the Minister of Information and 
Communication deems the application justifiable within the period of public 
notification as provided in Article 4 (2) of this Decree, he shall establish the 
amount of compensation, contents and mehtods of program use, etc., and 
approve the use of program, but he may attach conditions falling under any of 
the following subparagraphs; <Amended by Presidential Decree No. 15019, Jun. 
7, 1996> 
1. The matters which requests any person to indicate the name of the 
program copyright owner and the first published year of the program 
reproduction; and 
2. Other necessary matters to protect the rights of the program copyright 
owner. 
(2) If the Minister of Information and Communication approves the program use 
as provided in paragraph (1) of this Article, he shall notify the content of 
approval to the applicant who has applied for such approval on the program use 
and give a public notice of it in a public programs bulletin. <Amended by 
Presidential Decree No. 15019, Jun. 7, 1996> 
Article 6 Rejection of Approval of Program Use 
(1) When the application for approval of program use is deemed applicable for 
any of the reasons listed in the following subparagraphs, the Minister of 
Information and Communication shall reject the application; <Amended by 
Presidential Decree No. 15019, Jun. 7,1996> 
1. When it is determined that the applicant who has applied for an approval 
may achieve his objectives sufficiently by other means, though it is not the 
program applied for; 
2. When the applicant records a false fact within the contents of the 
application IP/N/IIKORlC/2 
Page 24 
3. When the name of the program copyright owner of his residence is 
disclosed within the period of public notification as provided in Article 4 (2) of 
this Decree; and 
4. When the grounds for application for approval of other program use is 
extinguished. 
(2) When the Minister of Information and Communication vetoes the approval 
for the use under anyone of the subparagraphs of paragraph (1) of this Article, 
he shall notify its applicant it with the reasons. <Amended by Presidential 
Decree No. 15019, Jun. 7,1896> 
Article 7 through 9-2 Deleted 
Article 19 Approval for Use of Foreigner's Program 
(1) In cases where the Minister of Information and Communication approves the 
use of the program, under Article 17 (1) of the Act, in a foreign country that is a 
contraction party to a treaty concerning program copyright to which the 
Republic of Korea is another contracting party, or the use of other programs of 
any foreigner who has a nationality of the said country or address therein, he 
shall follow the matters designated by the international treaty in connection with 
the matters falling under any of the following subparagraphs; <Amended by 
Presidential Decree No. 15019, Jun. 7, '1996> 
1. The scope, conditions, contents of approval for the use and the expiry of 
use term; 
2. An approval for the use and the public notification of such facts; 
3. The matters concerning the sale and purchase of the approved rights and 
prohibition of export; and 
4. The decision and the deposit of compensation. 
(2) In cases where a person wh:> desires to apply for the use of the program of 
which copyright owner is a foreigner as provided in Article 1 7 (1) of the Act, he 
shall submit a copy of the application of approval for use to the International 
Copyrights Information Center established by UNESCO. 
CHAPTER ill PROGRAM REGISTRATION 
Article 11 Registration, etc. of Program 
(1) A person who desires to register the program under the provisions of Article 
21 (1) the Act shall submit an application of program registration to the Minister 
of Information and Communication as prescribed by the Ordinance of the 
Ministry of Information and Communication <Amended by Presidential Decree 
No. 15019,Jun. 7,1996> 
(2) In cases where a proof on the creation of program so requires, the Minister IPINIlIKORlC/2 
Page 25 
of Information and Communication may request that the applicant submit 
additional documents concerning the creation <Newly Inserted by Presidential 
Decree No. 14311, Jun. 30, 1994; Presidential Decree No. 15019, Jun. 7, 
1996> 
Article 12 Program Register Book 
The form of the program register book under the provisions of Article 21 (3) of 
the Act shall be prescribed by the Ordinance of the Ministry of Information and 
Communication <Amended by Presidential Decree No. 15019, Jun. 7, 1996> 
Article 13 Program Public Bulletin 
The Minister of Information and Communication shall publish the public 
programs bulletin at least once every two months; Provided. That case there is 
no matter to be published during the two months after the time of publishing a 
public programs bulletin, it shall not apply. <Amended by Presidential Decree 
No. 15019, Jun. 7,1996> 
[This Article Wholly Amended by Presidential Decree No. 14311, Jun. 30, 1994] 
Article 14 Inspection, etc., of Program Register Book 
A person who desires to inspect the program register book or transfer a written 
copy thereof shall submit an application th the Minister of Information and 
Communication as prescribed by the Ordinance fo the Ministry of Information 
and Communication<Amendeci by Presidential Decree No. 14311, Jun. 30, 
1994; Presidential Decree No. 15019, Jun. 7, 1996> 
Article 15 Changes, etc. of Program Registration Matters 
If a person who has registered a program desires to change the registration 
matters or cancel them, he shall submit such application to the Minister of 
Information and Communication as prescribed by the Ordinance of the Ministry 
of Information and Communication <Amended by Presidential Decree No. 
14311, Jun. 30,1994; Presidential Decree No. 15019, Jun. 7, 1996> 
Article 16 Delivery of Program Registration Certificate 
The Minister of Information and Communication shall deliver a program 
registration certificate to the person who registers the program and if there is a 
change of the registration matters as provided in Article 15 of this Decree, he 
shall redeliver it.<Amended by Presidential Decree No. 15019, Jun. 7,1996> IPINIlIKORlC/2 
Page 26 
Article 17 Indication of Program Registration 
The program copyright owner under the provisions of Article 21 of the Act may 
indicate the fact of registration on the reproduction of program registered. 
Article 18 Presentation of Program Registration 
(1) The program reproduction which the person who is registering the program 
submits as provided in Article 22 (1) of the Act shall be a tangible object 
including the program such as CD-Rom or microfilm, etc. <Amended by 
Presidential Decree No. 15019, Jun. 7, 1996> 
(2) When any person presents a program reproduction as provided in 
paragraph (1), he shall present tt",e entire program: Provided, That where only a 
portion of the program is necessary to prove the fact of the program creation, 
he may select the part of the program and submit it as prescribed by the 
Ordinance of the Ministry of Information and Communication<Amended by 
Presidential Decree No. 15019, Jun. 7, 1996> 
Article 19 Management of Program Reproduction 
The Miniser of Information and Communication shall take charge of the 
program reproduction submitted as provided in Article 22 (1) of the Act, 
maintain the confidentiality thereDf and devise a protective measure regard ing 
the program reproduction as prescribed by the Ordinance of the Ministry of 
Information and Communication <Amended by Presidential Decree No. 15019, 
Jun. 7, 1996> 
Article 20 Copy of Program Reproduction 
The program copyright owner may request a copy of the program reproduction 
as referred to in Article 22 (1) of the Act from the Minister of Information anc 
Communication <Amended by Presidential Decree No. 15019, Jun. 7, 1996> 
Article 21 Pro~ram Copyright Register Book 
The form of a program copyright register book under Article 24 (2) of the Act 
shall be prescribed by the Ordinance of the Ministry of Information and 
Communication 
Article 22 Application for Program Copyright Registration IP/N/lfKOR/C/2 
Page 27 
(1) A person who desires to register in the program copyright register book as 
provided in the provisions of Article 21 of the Act shall submit a program 
copyrights registration application to the Minister of Information and 
Communication as prescribed by the Ordinance of the Ministry of Information 
and Communication <Amended by Presidential Decree No. 15019, Jun. 7, 
1996> 
(2) Deleted. <by Presidential Decree No. 16050, Dec. 31, 1998> 
(3) According to the matters concerning the inspection application of the 
program copyright register book, the transfer application of copy, the change 
application of program copyrights registration and the transfer of the program 
copyright registration certificate, Article 14 through 16 shall apply mutatis 
mutandis. 
Article 23 Deleted 
CHAPTER N PROGRAM DELIBERATION AND MEDIATION 
COMMITTEE 
Article 24 Functions of Program Deliberation and Mediation Committee 
For purposes of this Act, the term "ohter matters as prescribed by Presidential 
Decree" under the provisions of Article 29-2 of the Act means the matters falling 
under any of the following sub paragraphs: <Amended by Presidential Decree 
No. 15019,Jun. 7,1996> 
1. The advisory matters concerning the interpretation of Acts and subordinate 
statutes related to the program copyright; 
2. The matters concerning the provisions necessary to coordinate with the 
Copyright Act; 
3. The matters concerning the fair use of program and the contents 
deliberation of program copyright related to the circulation promotion; 
4. The matters concerning the program registration; and 
5. Other matters related to the program copyright deemed important by the 
Minister of Information and Communication. 
Article 25 Deleted 
Article 26 Duties of Chairman 
(1) The chairman shall represent the Program Deliberation and Mediation 
Committee (hereinafter referred to as the "Committee"); and act as the 
president and supervise the affairs of the Committee. <Amended by IPINIlIKORlC/2 
Page 28 
Presidential Decree No. 14311, Jun. 30, 1994> 
(2) In the case of an accident to the chairman, the Committee members 
nominated in advance by the chairman shall act on behalf of the chairman. 
Article 27 Operation of Committee 
(1) In cases where the president convenes the Committee, he shall notify each 
committee member of the date and time of the meeting, its location and the 
matters to be deliberated at least five days before the meeting is to be held: 
Provided, That if there occurs a state of emergency or an inevitable 
circumstance, this provisions shall not apply 
(2) The Committee shall hold a meeting with attendance of not less than two 
thirds of the Committee members and make a decision by the concurrent vote 
of a majority of the members present, including the chairman. <Amended by 
Presidential Decree No. 16050, Dec. 30, 1998> 
(3) A committee member shall not participate in the deliberation of matters in 
which he has a direct interest. 
(4) In cases where the Committee enacts or amends matters falling under any 
of the following subparagraphs, the Committee shall consult with the Minister of 
Information and Communication: <Newly Inserted by Presidential Decree No. 
14311, Jun. 30, 1994 : Presidential Decree No. 15019, Jun. 7, 1996: 
Presidential Decree No. 16050, Dec. 31, 1998> 
1. The matters concerning the operation of the Committee; 
2. The detailed matters concerning the dispute mediation procedures of the 
program copyright in addition to the mediation procedures as provided in Article 
27 -2 of this Decree; and 
3. The matters concerning the organization, prescribed number of members 
and operation of the secretariat. 
(5) Other matters necessary for the operation of Committee shall be determined 
by the chairman throush the deliberation of the Committee. 
Article 27-2 Mediation Procedures 
(1) A person who wishes to request a mediation as provided in Article 29-4 (1) 
of the Act shall submit a mediation application to the committee as determined 
by the Committee. 
(2) When a person requests the mediation as provided in paragraph (1) of this 
Article , he shall submit the mediation expenses as determined by the 
Committee 
(3) In cases where the chairman receives a mediation application as provided in 
paragraph (1) of this Article, he shall designate a mediation division and send 
the mediation application to such place. 
(4) If the mediation division which has received the mediation application as 
provided in paragraph (3) of this Article requires the presence of the party 
concerned, his legal representative of interested persons under the provisions IP/N/l/KORlCI2 
Page 29 
of Article 29-5 (1) of the Act, its procedures shall apply mutatis mutandis to 
Article 9 (3) through (6). In this case, for purposes of Article 9 (3) through (5) 
"the Minister of Information and Communication" shall be considered as 
"mediation division", "the opposite party subject to the disposition or his agent" 
shall be considered as "the party concerned, agent of interested persons", and 
"the public official concerned" shall be considered as "staff of 
secretariat."<Amended by Presidential Decree No. 15019, Jun. 7, 1996> 
(5) The mediation division may draw up a mediation plan and present it to the 
party concerned and recommend the acceptance thereof 
(6) If a person who is not connected with the mediation affair attends by 
replying to the request, the Committee may pay him for such expenses as a 
stipend and traveling expenses. 
(7) In cases where a mediation is conducted under the provisions of Article 29-6 
of the Act, the Committee shall report the results to the Minister of Information 
and Communication without delay and shall manager and preserve the protocol 
concerning the mediation and related records. <Amended by Presidential 
Decree No. 15019, Jun. 7, 1996> [This Article Newly Inserted by Presidential 
Decree No. 14311, Jun. 30, 1994] 
Article 27-3 Deleted 
Article 28 Establishment of Special Subcommittees 
If the Committee deems it necessary for the operation of the affairs concerned, 
subcommittees shall be established in order to deliberate the matters of the 
Committee <Amended by Presidential Decree No. 14311, Jun. 30, 1994> 
Article 29 Public Forum, etc. 
(1) According to the deliberation of the agenda, if the Committee deems it 
necessary, the Committee may hold a public forum or hear the opinions of the 
interested persons or experts concerned. 
(2) A person who has a interest in the agenda of the Committee shall submit his 
opinions to the Committee in writing. 
Article 30 Secretariat 
(1) The secretariat shall be designated within the Committee for the purpose of 
managing its affairs. 
(2) The secretariat shall have one director and necessary staffs, and the 
director shall perform duties under the order of the chairman. <Amended by 
Presidential Decree No. 16050, Dec. 31, 1998> 
(3) The organization, the fixed number of members, operation and other IP/N/IIKORlC/2 
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necessary matters of the secretariat shall be determined by the chairman after 
deliberation of the Committee. <Amended by Presidential Decree No. 16050, 
Dec. 30, 1998> 
[This Article Wholly Amended by Presidential Decree No. 14311, Jun. 3D, 
1994] 
Article 31 Stipend and Traveling Expenses 
Members of the Committee and experts concerned as provided in Article 29 of 
this Decree may be paid a stipend and travel expenses. <Amended by 
Presidential Decree No. 14311, Jun. 3D, 1994> 
CHAPTER V CONSIGNMENT MANAGEMENT OF PROGRAM 
COPYRIGHT 
Article 31-2 Appointment Standard for Consignment Management Agency 
(1) The Minister of Information and Communication may designate a nonprofit 
corporation which performs functions related to program copyright under the 
provisions of Article 33-2 (1) of the Art, furnish it with personnel and facilities as 
determined by the Minister of Information and Communication as a progiam 
copyright management consignment agency(hereinafter referred to as a 
"consignment management agency"). 
(2) A person who desires to obtain designation as a consignment management 
agency under the provisions of paragraph (1) of this Article shall submit an 
application with the documents detailing the Articles of incorporation the 
regulations of consignment management affairs, personnel, and conditions of 
the facilities, etc. to the Ministe: of Information and Communication 
(3) The regulations of consignment management affairs as provided in 
paragraph (2) shall include the matters falling under the following 
subparagraphs: 
1. The contract concerning the consignment management and the program 
use; 
2. The matters concerning the cost rates of program use; and 
3. Matters concerning the cost rates of service charge as provided in Article 
33-2 (3) of the Act 
(4) The Minister of Information and Communication shall request the 
consignment management agency designated under the provisions of Article 
33-2 (1) of the Act to submit the documents concerning the project results 
[This Article Newly Inserted by Presidential Decree No. 15019, Jun. 7, 1996] 
Article 31-3 Report Procedure of Agency and Brokerage of Program 
Copyright IPINIlIKORlC/2 
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A person who desires to report the agency and brokerage of program 
copyrights under the provisions of Article 33-2 (2) of the Act shall submit an 
application of the agency and brokerage including the regulations of agency 
and brokerage business to the Minister of Information and Communication 
[This Article Newly Inserted by Presidential Decree No. 15019, Jun. 7, 1996] 
CHAPTER VI CONSIGNMENT OF BUSINESS 
Article 32 Consignment of Authority 
(1) The authority of the Minister, of Information and Communication concerning 
the registration and submission of programs (including the registration of 
program copyright) under the provisions of Article 32 of the Act may be 
consigned to the agencies (hereinafter referred to as a "consignment agency") 
related to the program copyright dispute mediation business <Amended by 
Presidential Decree No. 14311, Jun. 30, 1994; Presidential Decree No. 15019, 
Jun. 7, 1996> 
(2) In cases where the consignmer.t agency is designated under the provisions 
of paragraph (1) of this Article, this shall be notified publicly in the official 
Gazette. 
Article 33 Deleted. <by Presidential Decree No. 16050, Dec. 31, 1998> 
ADDENDUM 
This Decree shall enter into force on the date of its promulgation : Provided, 
That the provisions of Article 10 of this Decree Shall enter into force on the date 
on which the international copyright treaty becomes effective in the Republic of 
Korea 
ADDENDUM <Presidential Decree No. 12895, Jan. 3, 
1990> 
Article 1 (Enforcement Date) 
This Decree shall enter into force on the date of its promulgation 
Article 2 and 3 Omitted 
ADDENDUM <Presidential Decree No. 13869, Mar. 6, 
1993> IPINIlIKORlC/2 
Page 32 
Article 1 (Enforcement Date) 
This Decree shall enter into force on the date of its promulgation. 
Article 2 through 4 Omitted. 
ADDENDUM <Presidential Decree No. 14311, Jun. 30, 
1994> 
This Decree shall enter into force on the date of its promulgation. 
ADDENDUM <Presidential Decree No. 15019, Jun. 7, 
1996> 
This Decree shall enter into force on the date of its promulgation. 
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 
1997> 
This Decree shall enter into force on January 1, 1998 
ADDENDUM <Presidential Decree No. 16050, Dec. 31, 
1998> 
This Decree shall enter into force on January 1. 1999.