WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPINIIIKORlCIl 
16 March 2000 
(00-1070) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
REPUBLIC OF KOREA 
The present document reproduces the textl of the Copyright Act and the Enforcement Decree 
of the Copyright Act, as notified by the Republic of Korea under Article 63.2 of the Agreement (see 
document IP/N/1/KORll). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIP ALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPruETlt INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
REPUBLIQUE DE COREE 
Le present document contient le textel de la Loi sur le droit d'auteur et du Decret d'application 
y relatif, notifies par la Republique de Coree au titre de l'article 63:2 de l'Accord (voir le document 
IP/NIlIKORl 1 ). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PA.RRAFO 2 
DEL ARTiCULO 63 DEL ACUERDO 
REPUBLICA DE COREA 
En el presente documento se reproduce el textol de la Ley de Derecho de Autor y de su 
Decreto de aplicaci6n, notificados por la Republica de Corea de conformidad con el parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IP/N/1/KORll). 
1 In English only'/En anglais seulement.lEn ingles solamente. IPINIlIKORlCIl 
Page 2 
COPYRIGHT ACT 
Act No. 3916, December 30, 1989 
As last amended by Act No. 5015, December 6, 1995 
-TABLE OF CONTENTS -
CHAPTER 1 GENERAL PBOVlSIONS ......................................................................... ................. 6 
ArticLe.1 ....... P.u.QJ.ose ......................................................................................................................... 6 
Article 2 Definitions .................................................................................................................... 6 
Article 3 Works of Foreigoers ..................................................................................................... 7 
CHAPTER 2 RIGHTS OFAUTHORS ............................................................................ ................ 8 
SECTION 1. WORKS ........................................................................................................................... 8 
Article.A. ....... Clas.s.ifLc.anoo . .o.LWor.ks ................................................................................................ 8 
Article 5 Derivative Works .......................................................................................................... 9 
Article 6 Compilatioos ................................................................................................................. 9 
Article 7 Works. oot Protected, etc .............................................................................................. 9 
SECTION 2. AUTHORS ...................................................................................................................... 10 
ArticLe.8 __ .. P.resumptiun.ofAutho.rs.hip ... etc. ................................................................................. 10 
Article 9 Authorship of a Work in the Name of an Organization .............................................. l0 
Article 10 Copyright ................................................................................................................... 11 
SECnON 3. A UTHDRS' MORA L RIGHTS ....................................................................................... 11 
Article..11 ....... Right.ofmaking..fue.lY-ork.p.ublic ............................................................................... 11 
Article 12 Right of claiming authorship of the work ................................................................. 12 
Article 13 Right of presening the Integrity ............................................................................... 12 
SECTION 4. NATURE. EXERCISE. ETe. OFAUTHORS' MORAL RlGHTS .................................. 12 
Article 14 Inalienahility of Authors' Moral Rights .................................................................... 12 
Artic.Le.15 ........ Allth.o.[s~ .. Mor.alRight£.in.J.o.int..\VJl[ks •.••...•.....••.•.......••......•...•.•....................•..••..•.• 13 
SECTION 5. AUTHORS' PRQPERTYRlGHTS ................................................................................. 13 IP/N/l/KORlC/l 
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Article 13 Right of preseo'ing the Integrity ............................................................................... 12 
SECUON4. NATURE, EXERCISE, ETC. OFAUTHOBS' MORAL RIGHTS .................................. 12 
Artidc . .1:l ....... lnalicnab.ility .. ofAuth.ors.' .. Mo.raLRights .................................................................... 12 
Article 15 Authors' Moral Rights in Joint Works ..................................................................... 13 
SECnON;. AUTHORS' PROPERTY RIGHTS ............................................................................. .... 13 
Article 16 Right of Reproduction ............................................................................................... 13 
Article 17 Right of Public Performance ..................................................................................... 13 
Articl.c.18 ........ Right.ofBrD.adcasting ................................................................................................ 13 
Article 19 Right of Exhibition .................................................................................................... 14 
Article 20 Right of Distribution ................................................................................................. 14 
Article 21 Right of the Production of Deriyatiye Works, etc ..................................................... 14 
SECIIQN.6. •. LlMITATIQNs..TaAJITHO.RS.~.ECQNQMIC..R1GHTS ................................................. 14 
Article 22 Reproduction for Judicial Proceedings, etc .............................................................. 14 
Article 23 Reproduction for the Purpose of School Education, etc ........................................... 15 
Article 24 Use for Current NelYS Report .................................................................................... 15 
Article 25 Quotations from Works Made Public ....................................................................... 15 
Articl.e.2.L ..... PllhlkPerfm:maucc .. and.Bmadc.astingJor..Non::prDfitPllrpo.£es .....•..............•......... 16 
Article 27 Reproduction for Private Use .................................................................................... 16 
Article 28 Reproduction in Libraries, ete. ................................................................................. 16 
Article 29 Reproduction for Examination Questions ................................................................. 17 
Article .. 3.£L ..... Re.pr.odllction.in.Br.aille ............................................................................................. 17 
Article 31 Ephemeral Sound or Visual Recordings by Broadcasting Organizations ................ 17 
Article 32 Exhibition or Reproduction of Artistic Works, ete. ............................................... 18 
Article 33 Exploitation by Means of Translation, etc ................................................................ 18 
Article 34 Indication of Sources ................................................................................................. 19 
Articl.e.3.5. __ .. Rel.atLonship .. n:itlt.AuthorLMoraLRights ................................................................. 19 
SECTWN 7. DURATWN OFA UTHQRS' ECONOMIC RIGHTS ..................................................... 19 
Article 36 Principles of Protection Period .................................................................................. 19 
Article 37 Protection Period of Anonymous and Pseudonymous Works .................................. 20 
Articlc .. 3.1L .. _P.mtc.ctio.u.Pcr.iD.d.oLWorrujnJhc.Namc .. oLOr.ganization ••...•........•...........•...••••••.... 20 
Artidc_3.9_._ .... Thc . .Time.Wltcn.Serial.PublicatLullS •. e.t.c ... Hay.c.B.eenMade..P.ublic •••••.............••••.... 20 
Article 40 Calculation of the term of Protection ........................................................................ 21 
SECTION 8. TRANSFER. EXERCISE AND EXPIRY OFA UTHORS' ECONOMIC RIGHTS ......... 21 IP/N/IIKORlC/l 
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Article 41 Transfer of Authors' Economic Rights ..................................................................... 21 
Article 42 Authorization to Exploit Works ................................................................................ 21 
Artide.:U ........ OlIc.r..of.W.orks.focTrans.ac1ioR.and.Autbo.rizatioll.of.RentaLof.Phollograms ......... 22 
Article 44 Authors' Economic Rights on Which the Right of Pledge is Established ................. 22 
Article 45 Exercise of Authors' Economic Rights in .Joint WOrks ............................................. 22 
Article 46 EXI)iry of Author's Economic Rights ........................................................................ 23 
SECVON 9. EXPLOlTAVONOF WORKS UNDER STATUTORY LlCENSE .................................. 23 
Artide.J.7 ........ E.xploitatioll.of.WorksjRthe .. casc .. l\:herc .. tlte.Owner .. of.Author-'.s.EcollomkRights.is. 
NotKno:n:n ..................................................................................................•..............................•.... 23 
Article 48 Broadcasting of Works Made Public ......................................................................... 24 
Article 49 Deleted <by Act No. 5015, Dee. 6, 1995> ................................................................... 24 
Article 50 Production of Commercial Phonograms ................................................................... 24 
SKC.IIQN.lfl,.B.E.G1STRATION ............................... ........................................................................... 25 
Article 51 Registration ............................................................................................................... 25 
Article 52 Effect of Registration ................................................................................................. 26 
Article 53 Procedures. ete. for Registration ............................................................................... 26 
CHAPTER 3 RIGHT OF PUBLICA UQN ................................................................... ................... 26 
Artide.5.4 .. _ .... E.s.t.abJislunentoJ.tlte.Right.of..P.ublic.ation ................................................................ 26 
Article 55 Obligations of the Owner of the Right of Publication ............................................... 27 
Article 56 Alteration, Addition or Deletion in a Work .............................................................. 27 
Article 57 DuratiQn Qf the Right Qf PublicatiQn ......................................................................... 27 
Articlc 58 NQtification of the Termination of the Right of Publication ..................................... 28 
Artide .. 52. ....... Dist.r.ibutioll.oLCnp.ie.s .. of..a.Work.after.1hc_Tennin.atioll.of.the.RightnLPuhlication 
•.••..••..••••.•••......•••••..•.......•••••••••.•••.••••••..••••.••••••••••••••..•.•••...•...••.••••••••....•••••••••.•••...•••••••••.•••..••••••••••••. 29 
Article 60 Transfer of. and Limitations.. to, the Right of Publication, etc .................................. 29 
CHAPTER 4 NElGHBORING RIGHTS ........................................................................................ 29 
SECVON 1. GENERAL RULES .......................................................................................... .............. 30 
ArticLe.6.l __ .Neighho.r.ing.Rights .................................................................................................... 30 
ArticLe.62 .... _ .. ReLationship.:n:ith.CnpSright ....................................................................................• 31 
SECTION 2. RIGHTS OF PERFOBMERS ......................................................................................... 31 
Article 63 Right of Reproduction ............................................................................................... 31 
Article 64 Right of Broadcasting of Performances .................................................................... 31 
Artide .. 65_ .. __ Cnmpensatioll.bS.B.r.oadcas.ting..O.rganizationsJo_.Peuormer.s ....•................•..•...•.... 31 IP/N/IIKORlCIl 
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Article 65-2 AuthQrizatjQn by Performers of Lending Qf Phonograms ..................................... 32 
Article 66 JQint Ped·ormers ........................................................................................................ 32 
SECIIONJ .. RI.GHISOFPRQD.UCERS.OE.PHQNG.GRAMS .......................................................... 33 
Article 67 Right of Reproduction and Distribution ................................................................... 33 
Article 67-2 Offer fQr TransactiQn and AuthQrization Qf Rental Qf PhonQgrams ..................... 33 
Article 68 CQmpensation by Broadcasting OrganizatiQns tQ Producers of Phonograms .......... 33 
SECTlON 4. RIGHTS OF BROADCASUNG ORGANlZA TlONS .................................................... .34 
ArtkLc.69. ........ RighLof.fu.pI.oductLoo.aod.S,imultane.ous.Relar ....................................................... 3 .. 
SECTION 5. TERM OF PROTECTION ............................................................................................. 34 
Article 70 Term Qf protection ..................................................................................................... 3 .. 
SECTION 6. LIMlTA TlONS, TRANSFERS. EXERCISE, ETe. OF RIGHTS .................................. .35 
Artkle .. 71 .. _ ... LiInitations . .tD..NeighbD.ring.Rights ............................................................................ 35 
Article 72 Transfers, Exercise, etc. of Neighboring Rights ........................................................ 35 
Article 73 Registration of Neigbboring Rigbts .......................................................................... 35 
CHAPTER 5 SPECIAL PROVISIONS CONCERNING CINEMATOGRAPHIC WORKS ............ .35 
Article 7.. Cinematization of Works ........................................................................................... 36 
ArticLc.1.5_ .. _.Rights.,in .. CincmatograpJUc .. Works ............................................................................ 36 
Article 76 Rigbts of producers of Cinematographic Works ...................................................... 37 
Article 77 Duration of Cinematograpbic WOrks ........................................................................ 37 
CHAPTER 6 COPYRIGHTMANAGEMENTSEBVICES ............................................................. 37 
Article 78 License for Copyrigbt Management Senices ........................................................... 37 
Arti.cle_7.9_ ... .8uperrision ................................................................................................................ 38 
Article 80 Cancellation, etc. of Permit ....................................................................................... 39 
""A .... rt .... i .... cI"'e ..... 8""-0-=o.2'-----'H....,e ... a .... n ..... · n..,g ................................................................................................................... 39 
CHAPTER 7 DELfflEBATION ON COPYRlGHTAND COlYClLlATlON OF DIsPUTES .......... 40 
ArtkLc.B.L ... C.OPlTight.D.elibe.r.ation.aod.C.Oll.ciliatioll .. CO.mmitte.e ............................................... 40 
Article 82 Functions ................................................................................................................... 40 
Article 83 Conciliation Djyision ................................................................................................. 41 
Article 84 ApplicatiQn for CQnciliation ...................................................................................... 41 
Article 85 Demand for Attendance ............................................................................................ 41 
Arti.cle .. 8L._ .. CD.ncLusioll .. of.a .. Conc.iliatio.n ..................................................................................... 42 IP/N/IIKORlC/l 
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Article 87 Failure of Conciliation ................................................................................................. 2 
Article 88 Expenses of Conciliation ............................................................................................. 2 
Artide .. 89. ......... 0.rg,miza.tion ... etc. .. ofJhe .. Cfimmittc.e ........................................................................... 3 
Article 90 Subsidy for Exl)enses ................................................................................................... 3 
CHAPTER 8 REMEDIES FOR INFRINGEMENT OF RlGHTS ................................................. .43 
Article 91 Right of Demanding Suspension of Infringement, etc ................................................ 3 
Article 92 Acts Considered as to be Infringements ...................................................................... .. 
ArticLc.9..3. ........ CJaim.for .. D.amages ...................................................................................................... .. 
Article 9.. Presumed Number of Illegal Copies ......................................................................... .45 
Article 95 Right of Demanding Recovery of Honor, etc ............................................................ .45 
Article 96 Protection of Authors' Moral Rights after the Death of an Author ......................... .45 
Artide.9.1_ ...... lnfringcmentin.Respe.cJ.of.a.JoinCWork .......•................•...........••...............•............ 46 
.CHAP.TER.2.._ .... PENAL .. PRO.WlO/iS .............................................................................................. 46 
Article 98 Infringement of Rights .............................................................................................. 46 
Article 99 Illegal Publications, etc .............................................................................................. 46 
Article 100 Failure to Indicate SOJlrces ...................................................................................... 47 
ArticLe..1Ql ....... .c.onfiscatifiD ............................................................................................................. 4 7 
Article 102 AccusatioD ................................................................................................................ 47 
Article 103 punishment of Both parties ..................................................................................... 48 
ADDENDUM ................................................ ....................................................................................... 48 
ADDENDA (December 30, 1989} ............................................................................... .......................... 50 
AJ)J)EJYDA.(I2e.f:.emb.er...1Z .... I!i..!!"QJ ......................................................................................................... 50 
ADDENDA (March 8, 1991). ................................................................................ ............................... 50 
ADDENDA (March 6, 19931 ................................................................................................................ 51 
ADDENDA (.[anuary Z 1994) ............................................................................................................. 51 
AD.D.ENDA . .(Mflr..c.h.14 .... 1.~!i..4) .............................................................................................................. 52 
ADDENDA (December 6 1995) ...................................................................................... 52 CHAPTER 1 GENERAL PROVISIONS 
Article 1 Purpose IP/N/lIKOR/CIl 
Page 7 
The purpose of this Act is to protect the rights of authors and the rights 
neighboring on them and to promote fair exploitation of works in order to 
contribute to the improvement and development of culture. 
Article 2 Definitions 
The definitions of the terms used in this Act shall have the meaning as follows: 
1. "Work" means a creative production which falls within the category of original 
literary, scientific or artistic works; 
2. "Author" means a person who creates works; 
3. "Public Performance" means the presentation of a work to the public by acting 
on the stage, musical playing, singing, reciting, screening or by other means, 
and include the presentation of sound or visual recordings of performances, 
broadcasts or performances to the public; 
4. "Performance" means the presentation of a work by acting, musical playing, 
singing, reciting, screening or by other artistic means, and include the 
presentation of something other than a work in a similar method; 
5. "Performers" means the persons who make performances, and who conduct, 
direct, or supervise performances; 
6. "Phonograms" means the media in which the sound is fixed (excluding those 
in which the sound is fixed together with some visual images); 
7. "Phonogram producers" means the persons who initially fix the sound in 
phonograms; 
8. "Broadcasting" means the transmission of sounds and images by wire or 
wireless communication intended for direct reception by the public (excluding the 
mere amplified transmission of sounds within the same unintercepted area); IP/N/l/KORlC/l 
Page 8 
9. "Broadcasting organizations" means those who engage in the broadcasting 
business; 
10. "Cinematographic works" means creative works in which a series of images 
(regardless of whether or not accompanied by sound) are collected, and which 
can be seen or seen and heard by playing on mechanical or electronic devices; 
11. "Producers of cinematographic works" means those who plan and take 
responsibility for the production of a cinematographic work; 
12. "Computer programs" means an expression of a series of statements or 
instructions used directly or indirectly in a computer or other devices which have 
an information processing ability in order to obtain a certain result; 
13. "Joint works" means works created jointly by two or more persons in which 
their respective contributions cannot be separately exploited; 
14. "Reproduction" means the reproduction of works in a tangible form by means 
of printing, photographing, photocopying, sound or visual recording or other 
means; in the case of architectural works, it includes the construction of an 
architectural work according to its plan and model; and in the case of plays, 
musical scores or other similar works, it includes the sound and visual recording 
of a public performance, broadcast or performance of a work; 
15. "Distribution" means the transfer and lending the original or reproduction of a 
work to the public with or without payment; 
16. "Publication" means the reproduction and distribution of a work for the 
demand of the public; 
17. "Make public of works" means to make works available to the public by 
means of public performance, broadcasting, exhibition or by other means, and to 
publish works. 
Article 3 Works of Foreigners 
(1) The works of foreigners shall be protected in accordance with the treaties to 
which the Republic of Korea has acceded or which it has ratified. <Amended by 
Act No. 5015, Dec. 6, 1995> IP/N/1/KOR/C/l 
Page 9 
(2) Notwithstanding the provision of Paragraph (1), the works of foreigners who 
permanently reside in the Republic of Korea (including the foreign legal persons 
having their principal office in the Republic of Korea, hereinafter the same shall 
apply) or foreigners' works which are first published in the Republic of Korea 
(including works published in the Republic of Korea within thirty days after their 
publication in a foreign country) shall be protected under this Act. <Amended by 
Act No. 5015, Dec. 6, 1995> 
(3) Even when foreigners' works are to be protected under Paragraphs (1) and 
(2), but if the foreign country concerned does not protect the works of the 
nationals of the Republic of Korea, the protection under treaties and this Act may 
be restricted correspondingly. 
CHAPTER 2 RIGHTS OF AUTHORS 
SECTION 1. WORKS 
Article 4 Classification of Works 
(1) As used in this Act, 'works" shall include, in particular, the following 
1. Novels, poems, articles, lectures, recitations, plays and other literary works; 
2. Musical works; 
3. Theatrical works including dramas, dances, pantomimes; 
4. Paintings, calligraphic works, designs, sculptures, crafts, works of applied art, 
and other artistic works; 
5. Architectural works including architectural models and plans; 
6. Photographic works including photographs and other works produced by 
similar methods; 
7. Cinematographic works; 
8. Maps, charts, design drawings, sketches, models and other diagrammatic 
works; 
9. Computer program works; IPINIlIKOR/CIl 
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(2) Matters necessary for the protection of computer program works under 
Subparagraph 9 of Paragraph (1) shall be provided for in a separate Act. 
Article 5 Derivative Works 
(1) A creation produced by means of translation, arrangement, alteration, 
dramatization, cinematization, etc. of an original work (hereinafter referred to as 
"derivative work") shall be protected as an independent work. 
(2) The protection of a derivative work shall not prejudice the rights of the author 
of the original work. 
Article 6 Compilations 
(1) A compilation (including collections of treatises, numerical values, diagrams 
and other materials which are so systematically composed as to be retrieved by 
using information processing devices) which are, by reason of selection or 
arrangement of their contents, of a creative nature (hereinafter referred to as 
"compilation work") shall be protected as an independent work. <Amended by 
Act No. 4717, Jan. 7,1994> 
(2) The protection of a compilation work shall not prejudice the rights of the 
authors in the works which form part of the compilation work. 
Article 7 Works not Protected, etc. 
The following shall not be protected under this Act: 
1. Acts and regulations; 
2. Notices, public notifications, instructions and others similar to them issued by 
the state or local public entities; 
3. Judgments, decisions, orders, or rulings of courts, as well as rulings and IP/N/lIKORlC/1 
Page 11 
decisions made by the administrative appeal procedures, or other similar 
procedures; 
4. Compilations or translations of works as referred to in Subparagraphs 1 to 3 
which are produced by the state or local public entities; 
5. Current news reports which transmit simple facts; 
6. Speeches delivered at an open session of courts, the National Assembly or 
Local Assemblies. 
SECTION 2. AUTHORS 
Article 8 Presumption of Authorship, etc. 
(1) Any person who falls under any of the following Subparagraphs shall be 
presumed to be an author: 
1. A person whose name (hereinafter referred to as "real name") or well-known 
pen-, stage-, or screen-name, pseudonym, abbreviation, etc. (hereinafter 
referred to as "pseudonym") is indicated as the name of the author in the 
customary manner on the original or reproduction of a work; 
2. A person whose real name or well-known pseudonym is indicated as the 
author in the performance or broadcast of a work, 
(2) For a work on which the name of the author as prescribed under any of the 
Subparagraphs of Paragraph (1) is not indicated, the person who is indicated as 
publisher or public performer, shall be presumed to have the copyright(the 
authorship of work). 
Article 9 Authorship of a Work in the Name of an Organization 
The authorship of a work which, on the initiative of a legal person, an 
organization, or other employer (hereinafter referred to as "legal person, etc."), is 
made by his employee in the course of his duties and made public under the IPINIlIKOR/CIl 
Page 12 
name of such a legal person, etc. as the author shall be attributed to that legal 
person, etc., unless otherwise stipulated in a contract, work regulation, etc. The 
work with the name of an author shall not fall under this article. 
Article 10 Copyright 
(1) The author shall enjoy the rights prescribed under Articles 11 to 13 
(hereinafter referred to as "authors' moral rights") and the rights prescribed 
underArticles 16 to 21 (hereinafter referred to as "authors' economic rights") 
(2) The copyright shall commence from the time of completing a work regardless 
of the fulfillment of any procedure or formality. 
SECTION 3. AUTHORS' MORAL RIGHTS 
Article 11 Right of making the work public 
(1) The author shall have the right to decide whether or not to make his work 
public. 
(2) If an author has transferred his property rights in a work which has not yet 
been made public under Article 41, or authorized to exploit under Article 42, he 
shall be presumed to have granted the other party his consent to make it public. 
(3) If an author has transferred the original of his work of art, architectural work 
or photographic work (hereinafter referred to as "work of art, etc."), he shall be 
presumed to have granted the other party his consent to make it public by 
exhibiting its original 
(4) If a derivative work or compilation work has been made public with the 
consent of the author, its original shall also be considered to have been made 
public. Article 12 Right of claiming authorship of the work IP/N/IIKORlC/1 
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(1) The author shall have the right to determine whether or not his real name or 
pseudonym should be indicated on the original or reproduction of his work, or in 
case of making his work public. 
(2) In the absence of any declaration of the intention of the author to the contrary, 
the person using his work may indicate the name of the author in the same 
manner as that already adopted by the author. 
Article 13 Right of preserving the Integrity 
(1) The author shall have the right to preserve the integrity of the content, form 
and title of his work. 
(2) The author shall not make an objection to a modification falling under any of 
the following Subparagraphs; provided that the substantial modification has not 
been made. 
1. the modification of expression within the limit as deemed unavoidable for the 
purpose of school education in the case of the exploitation of works under Article 
23,; 
2. modification of architectural work by means of extension, rebuilding and so on 
3. Other modifications within the limit as deemed unavoidable in the light of the 
nature of a work as well as the purpose and manner of its exploitation. 
SECTION 4. NATURE, EXERCISE, ETC. OF AUTHORS' MORAL 
RIGHTS 
Article 14 Inalienability of Authors' Moral Rights 
(1) Authors' moral rights shall be exclusively personal to the author. IPINIlIKORlCIl 
Page 14 
(2) Even after the death of the author, no person who exploits his work shall 
commit an act which would be prejudicial to authors' moral rights if he were alive; 
except in a case which is not deemed to be prejudicial to his honor or reputation 
of the author in light of the nature and extent of the act and in view of the 
prevailing social standard. 
Article 15 Authors' Moral Rights in Joint Works 
(1) Authors' moral rights in a joint work may not be exercised without the 
unanimous agreement of all the co-authors. In this case, each of the authors 
may not, in bad faith, prevent the agreement from being reached. 
(2) Authors of a joint work may designate one of them as a representative in the 
exercise of their moral rights. 
(3) Limitations imposed on the representation mentioned in the preceding 
paragraph (2) shall not be effective against a bona fide third person. 
SECTION 5. AUTHORS' PROPERTY RIGHTS 
Article 16 Right of Reproduction 
The author shall have the right to reproduce his work. 
Article 17 Right of Public Performance 
The author shall have the right to perform his work publicly. 
Article 18 Right of Broadcasting 
The author shall have the right to broadcast his work. Article 19 Right of Exhibition IP/N/1/KORlC/1 
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The author shall have the right to exhibit the original or reproduction of his work 
of art, etc. 
Article 20 Right of Distribution 
The author shall have the right to distribute the original or reproduction of his 
work. 
Article 21 Right of the Production of Derivative Works, etc. 
The author shall have the right to produce and exploit a derivative work based on 
his original work, or a compilation work which is composed of his work. 
SECTION 6. LIMITATIONS TO AUTHORS' ECONOMIC RIGHTS 
Article 22 Reproduction for Judicial Proceedings, etc. 
It shall be permissible to reproduce a work if and to the extent deemed 
necessary for the purpose of judicial proceedings and of internal use in the 
legislative or administrative organs; provided that such reproduction does not 
unreasonably prejudice the interests of the owner of authors' economic rights in 
the light of the nature of the work as well as the number of copies and the 
character of reproduction. IP/N/l/KORlC/l 
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Article 23 Reproduction for the Purpose of School Education, etc 
(1) A work already being made public may be reproduced in textbooks to the 
extent deemed n~cessary for the purpose of education at high schools, their 
equivalents or lower level schools. 
(2) Educational institutions established by special Acts, or the Education Act, or 
operated by the state or local government may broadcast or reproduce a work 
already being made public to the extent deemed necessary for the purpose of 
education. 
(3) A person who intends to exploit a work under Paragraphs (1) and (2) shall 
pay compensation to the owner of authors' economic rights as determined and 
announced officially by the Minister of Culture and Tourism according to the 
criteria for compensation prescribed under Subparagraph 1 of Article 82, or shall 
deposit the same as prescribed by the Presidential Decree. Broadcasting or 
reproduction of a work done at high schools, their equivalents or lower level 
schools as prescribed under Paragraph (2) is not obliged to pay a compensation. 
<Amended by Act No. 4183, Dec. 30, 1989; Act No. 4268, Dec. 27,1990; Act No. 
4541, Mar. 6,1993; Act No. 4717, Jan. 7,1994> 
Article 24 Use for Current News Report 
In the case of reporting current events by means of broadcasting, films, 
newspapers or by other means, it shall be permissible to reproduce, distribute, 
perform publicly or broadcast a work seen or heard in the course of the report, to 
the extent justified by the information purpose. 
Article 25 Quotations from Works Made Public 
It shall be permissible to make quotations from a work already made public; 
provided that they are within a reasonable limit for news reporting, criticism, education and research, etc. and compatible with fair practice. IP/N/lIKORlCIl 
Page 17 
Article 26 Public Performance and Broadcasting for Non-profit Purposes 
(1) It shall be permissible to perform publicly or broadcast a work already made 
public for non-profit purposes and without charging any fees to audience, 
spectators or third persons; provided that the performers concerned are not paid 
any remuneration for such performances. 
(2) Commercial phonograms or cinematographic works may be performed 
publicly for the public, if no admission fee is charged to audience or spectators, 
except the cases as prescribed by the Presidential Decree. 
Article 27 Reproduction for Private Use 
It shall be permissible for a user to reproduce by himself without commercial 
purposes a work already made public for the purpose of his personal use, family 
use or other similar uses within a limited circle. 
Article 28 Reproduction in Libraries, etc. 
It shall be permissible to reproduce a work included in materials heldby libraries 
as prescribed by the Library and Book Reading Promotion Act and other facilities 
prescribed by the Presidential Decree which provide books, documents 
(hereinafter referred to as libraries, etc."), records and other materials for the 
public, in the following cases: <Amended by Act No. 4352, Mar. 8, 1991; Act No. 
4746, Mar. 24, 1994> 
1. Where, at the request of a user and for the purpose of his own research and 
study, a single copy of a part of a work already made public is provided for him; 
2. Where it is necessary for libraries, etc. to reproduce for the purpose of IP/NIl/KORlC/l 
Page 18 
preserving their materials; 
3. Where, at the request of other libraries, etc., a reproduction of a work out of 
print or unavailable due to other similar reasons is made and provided to libraries, 
etc. for the purpose of their collection. 
Article 29 Reproduction for Examination Questions 
It shall be permissible to reproduce a work already made public in questions of 
entrance examinations or other examinations of knowledge or skill, to the extent 
deemed necessary for that purpose; provided that it is for non-profit purposes. 
Article 30 Reproduction in Braille 
(1) It shall be permissible to reproduce in Braille for the blind a work already 
made public. 
(2) It shall be permissible to make sound recordings of a work already made 
public, exclusively for the purpose of providing such recordings for the use of the 
blind at the facilities established for the promotion of the welfare of the blind as 
prescribed by the Presidential Decree. 
Article 31 Ephemeral Sound or Visual Recordings by Broadcasting 
Organizations 
(1) Broadcasting organizations may make ephemeral sound or visual recordings 
of a work for the purpose of their own broadcasting and by the means of their 
own facilities; provided that it is not against the intention of the owner of the right 
of broadcasting .. 
(2) Sound or visual recordings made under Paragraph (1) may not be kept for a 
period exceeding one year from the date of sound or visual recording, unless 
they are kept as materials for public records at places as prescribed by the Presidential Decree. IP/N/l/KORlC/l 
Page 19 
Article 32 Exhibition or Reproduction of Artistic Works, etc. 
(1) The original of an artistic work may be publicly exhibited by its owner or with 
his authorization. If the artistic work is to be permanently exhibited in an open 
places accessible to the public such as streets or parks, outer walls of a 
buildings, the consent of the copyright owner shall be obtained. 
(2) An artistic work, etc. exhibited permanently at open places as referred to in 
the proviso of Paragraph (1) may be reproduced by any means, except those 
falling under any of the following cases: 
1. where an architectural work is reproduced into another architectural work; 
2. where a sculpture or a painting is reproduced into another sculpture or 
painting; 
3. where reproduction is made for the purpose of exhibiting it permanently in an 
open places, as prescribed under proviso of Paragraph (1); 
4. where reproduction is made for the purpose of selling its copies. 
(3) A person who exhibits the originals of artistic works, etc. under Paragraph 
(1), or who intends to sell originals of works of art, etc. may reproduce and 
distribute them in pamphlets for the purpose of explaining and introducing 
them. 
(4) A portrait or a similar photographic work produced by entrust may not be 
exhibited or reproduced without the consent of the person who entrusted. 
Article 33 Exploitation by Means of Translation, etc. 
(1) If a work is exploited under Articles 23,26, or 27, the work may be exploited 
by means of translation, arrangement, or adaptation. 
(2) If a work is used under Articles 22, 24, 25, 29, or 30, the work may be used IPINlllKORlC/l 
Page 20 
by means of translation. 
Article 34 Indication of Sources 
(1) A person who exploits a work under this section shall indicate its sources, 
except the cases as prescribed under Articles 26 to 29, or 31. 
(2) The indication of the sources shall be made clearly in the manner and to the 
extent deemed reasonable by the situation in which the work is exploited, and 
shall be made of the real name or pseudonym of the author if it appears on a 
work. 
Article 35 Relationship with Authors' Moral Rights 
No provisions of this section may be construed as affecting the protection of the 
authors' moral rights. 
SECTION 7. DURATION OF AUTHORS' ECONOMIC RIGHTS 
Article 36 Principles of Protection Period 
(1) Authors' economic rights in a work shall continue to subsist during the life 
time of an author and until the end of a period of fifty years after the death of an 
author, unless otherwise provided in this Section. Authors' economic rights in a 
work which is first made public in more than forty years and not exceeding fifty 
years after his death, shall continue to subsist for a period of ten years after it is 
made public. 
(2) Authors' economic rights in a joint work shall continue to subsist for a period 
of fifty years after the death of the last surviving author. IPINIlIKOR/CIl 
Page 21 
Article 37 Protection Period of Anonymous and Pseudonymous Works 
(1) Authors' economic rights in an anonymous or the pseudonymous work, 
unless the pseudonym is widely known, shall continue to subsist for a period of 
fifty years after it has been made public; provided that within such period, if there 
are reasonable grounds that the author has been dead for fifty years, such 
economic rights shall be deemed to have expired as of the time dated from when 
the author is presumed to have died. <Amended by Act No. 5015, Dec. 6, 1995> 
(2) The provision in Paragraph (1) shall not apply to any of the following cases: 
1. Where the real name or the well-known pseudonym of an author is revealed 
during the period as referred to in Paragraph (1); 
2. Where the real name of an author is registered under Paragraph (1) of Article 
51 during the period as referred to in Paragraph (1). 
Article 38 Protection Period of Works in the Name of Organization 
Authors' economic rights in any work made public in the name of an organization 
shall continue to subsist for a period of fifty years after it has been made public; 
provided that if it has not been made public within fifty years after its creation, 
authors' economic rights shall continue to subsist for a period of fifty years after 
its creation. <Amended by Act No. 5015, Dec. 6, 1995> 
Article 39 The Time When Serial Publications, etc. Have Been Made Public 
(1) The time when a work has been made public under the proviso of Paragraph 
(1) of Article 36, Paragraph (1) of Article 37, or Article 38, shall be determined by 
making public of each volume, issue or installment in the case of works which 
are made public in the form of volumes, issues, or installments, or by making IPlNll IKORlCI 1 
Page 22 
public of the last part in the case of works which are made public in parts in a 
successive manner. 
(2) In the case of works to be completed by making public in parts in a 
successive manner, the last part already made public shall be considered to be 
the last one under the Paragraph (1) if the next part is not made public before the 
expiration of a period of three years following the making public of the preceding 
part. 
Article 40 Calculation of the term of Protection 
The term of the protection of authors' economic rights prescribed in this Section 
and Article 77 shall be calculated from the beginning of the year following the 
date when the author died, the work is created, or is made public. 
SECTION 8. TRANSFER, EXERCISE AND EXPIRY OF AUTHORS' 
ECONOMIC RIGHTS 
Article 41 Transfer of Authors' Economic Rights 
(1) Authors' economic rights may be transferred in whole or in part. 
(2) Where authors' economic rights are transferred in whole, the right of the 
production of a derivative work or compilations as prescribed under Article 21 
shall be presumed not to be included in the transfer, unless otherwise stipulated. 
Article 42 Authorization to Exploit Works 
(1) The owner of authors' economic rights may grant another person 
authorization to exploit the work. IP/N/1/KOR/C/1 
Page 23 
(2) The person who obtained such authorization under Paragraph 1 shall be 
entitled to exploit the work in a manner and to the extent so authorized. 
(3) The right of exploitation thus authorized under Paragraph 1 may not be 
transferred to the third party without the consent of the owner of authors' 
economic rights. 
Article 43 Offer of Works for Transaction and Authorization of Rental of 
Phonograms 
(1) The original or reproduction of a work offered for transaction by means of 
selling with the authorization of the owner of the right of distribution may be 
distributed continuously. 
(2) The owner of the right of distribution shall have the right, notwithstanding the 
provision of the Paragraph (1), to authorize the lending of commercial 
phonograms for profit-making purposes. <Newly Inserted by Act No. 4717, Jan. 
7,1994> 
Article 44 Authors' Economic Rights on Which the Right of Pledge is 
Established 
The right of pledge may be exercised with respect to money or the like accruing 
from the transfer of authors' economic rights or the exploitation of the work 
(including remuneration for the establishment of the right of publication); 
provided that payment or delivery is preceded by the seizure of the right to 
receive money or the like mentioned above. 
Article 45 Exercise of Authors' Economic Rights in Joint Works 
(1) Authors' economic rights in a joint work may not be exercised without the 
unanimous agreement of all the owners of authors' economic rights. Each owner IP/N/l/KORlC/l 
Page 24 
of authors' economic rights shall not be entitled to transfer or pledge his share of 
authors' economic rights without the consent of the other authors. Each owner 
may not, without reasonable justification, prevent the agreement from being 
reached or refuse the consent in bad faith. 
(2) The profit accruing from the exploitation of a joint work may be apportioned 
among authors according to the degrees of contribution by each author, unless 
otherwise stipulated. If the degree of each contribution is not clear, the profit may 
be equally apportioned to all the authors. 
(3) The owner of authors' economic rights in a joint work may renounce his share. 
In the case of renunciation or death of the owner of authors' economic rights 
without heir, his share may be apportioned among other authors according to the 
ratio of their holding shares. 
(4) The provisions of Paragraphs (1) and (2) of Article 15 shall apply mutatis 
mutandis to the exercise of authors' economic rights in a joint work. In this case, 
"authors' moral rights" are considered the same as "authors' economic rights". 
Article 46 Expiry of Author's Economic Rights 
Authors' economic rights shall expire in any of the following cases: 
1. Where, after the author's death without heir, authors' economic rights are to 
belong to the state according to provisions of the Civil Act and other Acts; 
2. Where, after the dissolution of a legal person or an organization who is the 
owner of authors' economic rights, authors' economic rights are to belong to the 
state according to the provisions of the Civil Act and others Acts. 
SECTION 9. EXPLOITATION OF WORKS UNDER STATUTORY 
LICENSE 
Article 47 Exploitation of Works in the case where the Owner of Author's Economic Rights is Not Known IP/N/lIKORlCIl 
Page 25 
(1) Where a person, despite his considerable effort, could not identify the owner 
of authors' economic rights in a work made public, or his place of residence and 
therefore is unable to obtain the authorization of the author for its exploitation, he 
may exploit the work with the approval of the Minister of Culture and Tourism as 
prescribed by the Presidential Decree, and by depositing a sum of compensation 
money fixed by the Minister of Culture and Tourism according to the criteria for 
compensation as prescribed under Subparagraph 1 of Article 82. <Amended by 
Act No. 4183, Dec. 30, 1989; Act No. 4541, Mar. 6, 1993> 
(2) The person who exploits a work under the provision of Paragraph (1) shall 
indicate the fact that the exploitation is made with the approval and the date 
when the approval is issued. 
Article 48 Broadcasting of Works Made Public 
Where a broadcasting organization which intends to broadcast a work already 
made public for the sake of the public benefit has negotiated with the owner of 
authors' economic rights and failed to reach an agreement, it may broadcast the 
work with the approval of the Minister of Culture and Tourism as prescribed by 
the Presidential Decree and by paying to the owner of authors' economic rights 
or depositing a sum of compensation money fixed by the Minister of Culture and 
Tourism according to the criteria for compensation as prescribed under 
Subparagraph 1 of Article 82. <Amended by Act No. 4183, Dec. 30, 1989; Act 
No. 4541, Mar. 6, 1993> 
Article 49 Deleted <by Act No. 5015, Dec. 6, 1995> 
Article 50 Production of Commercial Phonograms IP/N/lIKORlCIl 
Page 26 
When commercial phonograms have been sold for the first time in this country 
and after the expiration of a period of three years from the date of the first sale, a 
person who intends to produce a commercial phonogram by recording works 
already recorded on such phonogram has negotiated with the owner of authors' 
economic rights and failed to reach an agreement, he may produce the 
phonogram with the approval of the Minister of Culture and Tourism as 
prescribed by the Presidential Decree and by paying to the owner of authors' 
economic rights or depositing a sum of compensation money fixed by the 
Minister of Culture and Tourism according to the criteria for compensation as 
prescribed under Subparagraph 1 of Article 82. <Amended by Act No. 4183, Dec. 
3D, 1989; Act No. 4541, Mar. 6, 1993> 
SECTION 10. REGISTRATION 
Article 51 Registration 
(1) The author of an anonymous or pseudonymous work may have his real name 
registered with respect to that work, regardless of whether he actually owns 
authors' economic rights. 
(2) In the absence of any declaration of intention of the author to the contrary, 
the person designated by the author in his will or his heir may have such a name 
registered after the death of the author as prescribed under Paragraph (1). 
(3) The owner of authors' economic rights may have the date of the first 
publication or of the first making public of his work registered. 
(4) The person whose real name is registered according to the provisions of 
Paragraphs (1) and (2) shall be presumed to be the author of the registered work. 
The work as to which the date of the first publication or the date of the first made 
public is registered shall be presumed to have been first published or first made 
public on the date registered. Article 52 Effect of Registration IP/N/l/KORlC/l 
Page 27 
The following matters shall not be effective against any third party without the 
registration: 
1. Transfer of authors' economic rights (except that by inheritance or other 
successions in general) or the restriction on the disposal of authors' economic 
rights; 
2. Establishment, transfer, alteration, or expiry, or the restriction on the disposal, 
of the right of pledge on authors' economic rights 
Article 53 Procedures, etc. for Registration 
The registrations as prescribed under Articles 51 and 52 shall be made on the 
Copyright Register by the Minister of Culture and Tourism as prescribed by the 
Presidential Decree. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4541, 
Mar. 6, 1993> 
CHAPTER 3 RIGHT OF PUBLICATION 
Article 54 Establishment of the Right of Publication 
(1) The owner who has the right to reproduce and distribute a work (hereinafter 
referred to as "owner of the right of reproduction") may establish a right of 
publication (hereinafter referred to as "right of publication") for a person who 
intends to publish the work in writing or drawing. 
(2) The person for whom the right of publication (hereinafter referred to as 
"owner of the right of publication") is established under preceding Paragraph 
shall have the right to publish the original text of the work according to the terms IPINI1 IKORlCIl 
Page 28 
of the contract of establishment. 
(3) If the right of pledge is established on the right of reproduction of a work, the 
owner of the right of reproduction may establish the right of publication only with 
the authorization of the owner of the right of pledge. 
Article 55 Obligations of the Owner of the Right of Publication 
(1) Unless otherwise stipulated in the contract of establishment, the owner of the 
right of publication shall have the obligation to publish the work within the period 
of nine months after the date when he received, from the owner of the 
reproduction right, manuscripts or other similar materials which are necessary 
for the reproduction of the work. 
(2) Unless otherwise stipulated in the contract of establishment, the owner of the 
right of publication has the obligation to continue to publish the work in its 
original form in accordance with customary practice. 
(3) Unless otherwise stipulated, the owner of the right of publication has the 
obligation to indicate a notice of the owner of the right of reproduction in each 
copy as stipulated in the Presidential Decree. 
Article 56 Alteration, Addition or Deletion in a Work 
(1) When the owner of the right of publication publishes a new edition of the work 
which is the object of its right, the author may alter, add or delete the contents of 
his work to the extent justified. 
(2) When the owner of the right of reproduction intends to make a new edition of 
the work which is the object his right, he shall notify the author of his intention in 
advance. 
Article 57 Duration of the Right of Publication IP/N/l/KORlC/l 
Page 29 
(1) The duration of the right of publication shall be a period of three years from 
the date of its first publication, unless otherwise stipulated in the contract of 
establishment. 
(2) If the author of the work which is the object of the right of publication dies 
within the duration of the right of publication, the owner of the right of 
reproduction, notwithstanding the provision of Paragraph (1), may reproduce the 
work in a complete collection of works or other compilation, or publish the work 
by separating it from a complete collection of works or other compilation. 
Article 58 Notification of the Termination of the Right of Publication 
(1) When the owner of the right of publication has not discharged his obligation 
prescribed under Paragraph (1) or (2) of Article 55, the owner of the right of 
reproduction may call on him to discharge his obligation within a period of 
exceeding six months. If the owner of the right of publication fails to discharge 
his obligation within that period, the owner of the right of reproduction notify him 
of the termination of his right of publication. 
(2) Notwithstanding the provision of Paragraph (1), the owner of the right of 
reproduction may immediately notify the owner of the right of publication of the 
termination of the right of publication, when it is apparent that the owner of the 
right of publication is unable to publish the work, or that he has no intention to do 
so. 
(3) When the termination of the right of publication is notified as prescribed under 
the provision of Paragraph (1) or (2), the right of publication is presumed to have 
been terminated on the date the owner of the right of publication has received 
the notification. 
(4) In the case of Paragraph (3), the owner of the right of reproduction may at 
any time claim to the owner of the right of publication for restitution or for 
compensation of damages accruing from the suspension of publication of the 
work. IPINl1lKORlC/l 
Page 30 
Article 59 Distribution of Copies of a Work after the Termination of the Right of 
Publication 
After the termination of the right of publication on account of the expiration of the 
duration of the right or for other reasons, the owner of the right of publication 
may not distribute copies of a work reproduced within the duration of the right, 
except in the following cases: 
1. Where otherwise stipulated in the contract of establishment; 
2. Where he has already paid any remuneration to the owner of the right of 
reproduction for publication within the duration of the right of publication, and he 
distributes copies corresponding to such payment. 
Article 60 Transfer of, and Limitations to, the Right of Publication, etc. 
(1) The right of publication may not be transferred or pledged without the 
consent of the owner of the right of reproduction. 
(2) The provisions of Article 22, Paragraphs (1) and (2) of Article 23, Articles 24, 
25, 27 to 30, Paragraphs (2) and (3) of Article 32 shall apply mutatis mutandis to 
the reproduction of works which are the object of the right of publication. In such 
cases, the term "owner of authors' economic rights" in Article 22 shall be 
considered as "owner of the right of publication." 
(3) The provisions of Articles 52 and 53 shall apply mutatis mutandis to the 
registration of the right of publication. In such cases, the term "authors' economic 
rights" in Article 52 shall be considered as "right of publication," and "copyright 
register" as "register of the right of publication," respectively. 
CHAPTER 4 NEIGHBORING RIGHTS SECTION 1. GENERAL RULES 
Article 61 Neighboring Rights IP/N/l/KORlC/l 
Page 31 
Performances, phonograms and broadcasts falling under any of the following 
Subparagraphs shall be protected as neighboring rights under this Act: 
<Amended by Act No. 5015, Dec. 6, 1995> 
1. Performances 
a. Performances conducted by nationals of the Republic of Korea (including 
legal persons established under the Acts and regulations of the Republic of 
Korea, and foreign legal persons maintaining their principal offices in the 
Republic of Korea; hereinafter the same shall apply), 
b. Performances protected under the international treaties to which the Republic 
of Korea has acceded or which it has ratified; 
c. Performances fixed in phonograms as referred to in Subparagraph (2), 
d. Performances transmitted by broadcasts as referred to in Subparagraph (3) 
(except those included in sound or visual recordings before transmission). 
2. Phonograms 
a. Phonograms manufactured by nationals of the Republic of Korea; 
b. Phonograms in which sounds have been fixed for the first time in the Republic 
of Korea; 
c. Phonograms in which sounds have been fixed for the first time in a foreign 
country party to the treaties to which the Republic of Korea has acceded or 
which it has ratified and thus protected under such treaties. 
3. Broadcasts 
a. Broadcasts made by broadcasting organizations which are nationals of the 
Republic of Korea; 
b. Broadcasts made from broadcasting facilities located in the Republic of Korea; 
c. Broadcasts made by broadcastings organization which are nationals of a 
foreign country, from broadcasting facilities located in a country party to the 
treaties to which the Republic of Korea has acceded or which it has ratified and IP/N/IIKORlC/1 
Page 32 
thus protected under such treaties. <Newly Inserted, Dec. 6, 1995> 
Article 62 Relationship with Copyright 
Any provisions in this Chapter may not be construed as affecting copyrights. 
SECTION 2. RIGHTS OF PERFORMERS 
Article 63 Right of Reproduction 
Performers shall have the right to reproduce their performances. <Amended by 
Act No. 5015, Dec. 6, 1995> 
Article 64 Right of Broadcasting of Performances 
Performers shall have the right to broadcast their performances, except those 
recorded with the authorization of performers. 
Article 65 Compensation by Broadcasting Organizations to Performers 
(1) When a broadcasting organization makes a broadcast by using commercial 
phonograms in which performances are recorded, it shall pay reasonable 
compensation to the performers, except in the case that performers are 
foreigners <Amended by Act No. 5015, Dec. 6, 1995> 
(2) Those who are entitled to exercise the right to receive compensation as 
prescribed under Paragraph (1) shall be an organization composed of persons 
who engage themselves in the performance business in the Republic of Korea, 
and designated by the Minister of Culture and Tourism. In designating such an IPlNll/KORlC/l 
Page 33 
organization, the Minister of Culture and Tourism shall obtain in advance the 
consent of the organization. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 
4541, Mar. 6, 1993> 
(3) The association referred to in Paragraph (2) may not refuse the request of a 
person who has the right to compensation (hereinafter referred to "right holder") 
for the exercise of the right on his behalf, by reason of his non-membership to 
the association, and in acting on behalf of the right holder, the organization has 
the authority to exercise all the judicial or non-judicial powers. 
(4) The amount of compensation which the association as referred to in 
Paragraph (2) may claim on behalf of the right holder shall be determined each 
year by the agreement between the association and the broadcasting 
organization. 
(5) If the agreement mentioned in Paragraph(4) is not reached, the association 
or the broadcasting organization may request for a conciliation to the Copyright 
Deliberation and Conciliation Committee in accordance with the Presidential 
Decree. 
(6) Necessary matters in connection with the designation of the association as 
prescribed under Paragraph (2), etc shall be provided by the Presidential 
Decree. 
Article 65-2 Authorization by Performers of Lending of Phonograms 
(1) Performers shall have the right to authorize lending of commercial 
phonograms for profit-making purpose in which performances are recorded. 
(2) The provisions of Paragraphs (2), (3) and (6) of Article 65 shall apply mutatis 
mutandis to the exercise of the rights of performers, etc. under Paragraph (1). < 
Newly Inserted by Act No. 4717, Jan. 7, 1994> 
Article 66 Joint Performers IPINIlIKORlCI 1 
Page 34 
(1) If more than two performers perform jointly in a chorus, concert, or drama, 
etc., the rights of performers as prescribed under this Section shall be exercised 
by a representative elected by the joint performers; if such a representative is not 
elected, the conductor or director shall exercise the rights. 
(2) In exercising the rights of performers under Paragraph (1), if a solo vocalist or 
a solo instrument player participated in the performance, the consent of such 
vocalist or instrument player shall be obtained. 
SECTION 3. RIGHTS OF PRODUCERS OF PHONOGRAMS 
Article 67 Right of Reproduction and Distribution 
Producers of phonograms shall have the right to reproduce and distribute their 
phonograms. 
Article 67-2 Offer for Transaction and Authorization of Rental of Phonograms 
(1) The provisions of Article 43 shall apply mutatis mutandis to the distribution 
and authorization of lending of commercial phonograms by the producers of 
phonograms. 
(2) The provisions of Paragraphs (2), (3) and (6) of Article 65 shall apply mutatis 
mutandis to the exercise, etc. of the rights of producers of phonograms under 
Paragraph (1). < Newly Inserted by Act No. 4717, Jan. 7, 1994> 
Article 68 Compensation by Broadcasting Organizations to Producers of 
Phonograms 
(1) When a broadcasting organization broadcasts using commercial IPIN/l/KORlC/l 
Page 35 
phonograms, it shall pay reasonable compensation to the producers of the 
phonograms; except in the case that performers are foreigners. <Amended by 
Act No. 5015, Dec. 6, 1995> 
(2) The provisions of Paragraphs (2) to (6) of Article 65 shall apply mutatis 
mutandis to the amount of compensation and the claim procedures as 
prescribed under Paragraph (1). In such cases, the term "performance" in 
Paragraphs (2) of Article 65 shall be considered as "production of phonograms". 
SECTION 4. RIGHTS OF BROADCASTING ORGANIZATIONS 
Article 69 Right of Reproduction and Simultaneous Relay 
Broadcasting organizations shall have the right to reproduce their broadcasts by 
means of sound or visual recording, photographing or other similar means, and 
to relay them simultaneously. 
SECTION 5. TERM OF PROTECTION 
Article 70 Term of Protection 
The duration of neigh boring rights shall begin with the following date, and 
continue to subsist for a period of 50 years from the beginning of the year 
following the date: <Amended by Act No. 4717, Jan. 7, 1994> 
1. when the performance took place, for performances; 
2. when the first fixation of sounds was made, for phonograms; 
3. when the broadcast was took place, for broadcasts. IP/NIl/KORlCIl 
Page 36 
SECTION 6. LIMITATIONS, TRANSFERS, EXERCISE, ETC. OF 
RIGHTS 
Article 71 Limitations to Neighboring Rights 
The provisions of Article 22, Paragraph (2) of Article 23, Articles 24 to 29, 
Paragraph (2) of Article 30, Articles 31, 33 and 34 shall apply mutatis mutandis 
to the exploitation of performances, phonograms or broadcasts which are the 
subject matter of neighboring rights. 
Article 72 Transfers, Exercise, etc. of Neighboring Rights 
The provision of Paragraph (1) of Article 41 shall apply mutatis mutandis to the 
transfer of neigh boring rights; the provisions of Article 42 to the authorization to 
exploit performances, phonograms and broadcasts; the provision of Article 43 to 
the distribution of phonograms; the provision of Article 44 to the right of pledge 
established on neighboring rights; and the provision of Article 46 to the expiry of 
neighboring rights, respectively. <Amended by Act No. 4717, Jan. 7,1994> 
Article 73 Registration of Neighboring Rights 
The provisions of Articles 52 and 53 shall apply mutatis mutandis to the 
registration of neigh boring rights. In this case, the term "copyright register" as 
prescribed under Article 53 shall read as "register of neighboring rights." 
CHAPTER 5 SPECIAL PROVISIONS CONCERNING 
CINEMATOGRAPHIC WORKS Article 74 Cinematization of Works IP/NIl/KORlCIl 
Page 37 
(1) When the owner of authors' economic rights authorizes a person to exploit 
his works by means of cinematization, unless otherwise stipulated, this 
authorization shall be considered to include the following rights: 
1. to dramatize a work for the production of a cinematographic work; 
2. to reproduce and distribute the cinematographic work; 
3. to present publicly the cinematographic work; 
4. to broadcast a cinematographic work for broadcasting; 
5. to use the translation of the cinematographic work in the same way as the 
cinematographic work. 
(2) When the owner of authors' economic rights authorizes a person to exploit 
his work by means of cinematization, unless otherwise stipulated, he may 
authorize a cinematization of the work in another form of cinematographic work 
after the lapse of five years from the date of his authorization. 
Article 75 Rights in Cinematographic Works 
(1) When a person who agrees to cooperate in the production of a 
cinematographic work obtains copyright in a cinematographic work, the rights 
necessary for the exploitation of such cinematographic work shall be considered 
to be transferred to the producer of the cinematographic work. 
(2) The authors' economic right in a novel, play, work of art or musical work used 
for the production of the cinematographic work shall not be affected by the 
provision of Paragraph (1 ). 
(3) The right of reproduction under Article 63 and the right of broadcasting of 
performances under Article 64 of a performer who agrees to cooperate in the 
production of a cinematographic work shall be considered to be transferred to 
the producer of the cinematographic work, unless otherwise stipulated. 
<Amended by Act No. 4717, Jan. 7, 1994; Act No. 5015, Dec. 6, 1995> IP/N/1/KOR/C/1 
Page 38 
Article 76 Rights of Producers of Cinematographic Works 
A producer of a cinematographic work shall have the right to reproduce, 
distribute, present publicly or broadcast a visual recording in which the 
cinematographic work is included, and to transfer or establish the right of pledge 
on such rights. 
Article 77 Duration of Cinematographic Works 
The duration of authors' economic rights in a cinematographic work shall 
continue to subsist for a period of fifty years after it is made public; provided that 
it has not been made public within fifty years after its creation, it shall continue to 
subsist for a period of fifty years from the date of its creation. <Amended by Act 
No. 5015, Dec. 6, 1995> 
CHAPTER 6 COPYRIGHT MANAGEMENT SERVICES 
Article 78 License for Copyright Management Services 
(1) A person shall obtain a license from the Minister of Culture and Tourism as 
prescribed by the Presidential Decree in order to engage in a business as an 
agent, intermediary, or trustee(hereinafter referred to as "copyright management 
services") on behalf of the owner of the rights protected under this Act. A person 
shall report to the Minister of Culture and Tourism as prescribed by the 
Presidential Decree in order to engage in copyright management services only 
as an agent or intermediary. <Amended by Act No. 4183; Dec. 30, 1989; Act No. 
4541, Mar. 6,1993; Act No. 4717, Jan. 7,1994> 
(2) A person falling under any of the following categories may not be eligible for 
the copyright management services prescribed under Paragraph 1: <Amended 
by Act No. 4717, Jan. 7,1994> IPINIlIKORlCI 1 
Page 39 
1 . A person who has been declared by the court that he has no competence or 
who has limited competence; 
2. A person whose legal capacity has not been rehabilitated following the 
declaration of bankruptcy; 
3. Any person who is within one-year period following of the execution of criminal 
penalties of a fine or more severe punishment, or the final decision to suspend 
the execution of a sentence for violation of this Act, or who is in the probation 
period following a suspended sentence; 
4. Any person who has no domicile in the Republic of Korea; 
5. Any legal person or organization in which a person falling under 
Subparagraphs 1 to 4 is the representative or a member of the board. 
(3) Any person who has obtained a license for copyright management services 
under Paragraph (1) (hereinafter referred to as "copyright management service 
provider") may collect fees for his services from the owner of authors' economic 
rights or other interested persons. <Amended by Act No. 4717, Jan. 7,1994> 
(4) The rate and amount of fees as prescribed under Paragraph (3) shall be 
determined by the copyright management service provider subject to the 
approval of the Minister of Culture and Tourism; except that copyright 
management services are limited to agency or intermediary. <Amended by Act 
No. 4183, Dec. 30, 1989; Act No. 4541, Mar. 6, 1993; Act No. 5015, Dec. 6, 
1995> 
Article 79 Supervision 
(1) The Minister of Culture and Tourism may demand a copyright management 
service provider to submit a report on his business concerning copyright 
management services. <Amended by Act No. 4183, Dec. 3D, 1989; Act No. 4541, 
Mar. 6, 1993> 
(2) In order to promote the protection of rights and interests of authors and the 
convenient exploitation of works, the Minister of Culture and Tourism may issue 
necessary orders concerning copyright management services. <Amended by IPIN/lIKOR/CI1 
Page 40 
Act No. 4183, Dec. 30, 1989; Act No. 4541, Mar. 6, 1993> 
Article 80 Cancellation, etc. of Permit 
(1) The Minister of Culture and Tourism may order the suspension of business 
for a specified period of not longer than six months, if a copyright management 
service provider commits any of the following acts: <Amended by Act No. 4183, 
Dec. 30, 1989; Act No. 4541, Mar. 6, 1993> 
1. it receives fees in excess of the approved amount in violation of the provision 
of Paragraph (3) of Article 78; 
2. it fails to submit a report as prescribed under Paragraph (1) of Article 79 
without any justifiable reason or it has made a false report; or 
3. it fails to fulfill the order without any justifiable reason after it receives an order 
as prescribed under Paragraph (2) of Article 79, 
(2) The Minister of Culture and Tourism may cancel the license for copyright 
management services or order the closing of the business if a copyright 
management service provider commits any of the followings: <Amended by Act 
No. 4183, Dec. 30, 1989; Act No. 4541, Mar. 6, 1993; Act No. 4717, Jan. 7, 
1994> 
1. it obtains the license by fraudulent or unActful means; 
2. it continues to do business after an order of suspension under Paragraph (1). 
(3) Deleted_ < by Act No.5453, Dec.13, 1997> 
Article 80-2 Hearing 
When the Minister of Culture and Tourism intends to take measures under 
Paragraphs (1) of Article 80, it shall hold a hearing prior to those 
measures. <Newly Inserted Dec 13, 1997> IPlNllIKORlCIl 
Page 41 
CHAPTER 7 DELIBERATION ON COPYRIGHT AND 
CONCILIATION OF DISPUTES 
Article 81 Copyright Deliberation and Conciliation Committee 
(1) In order to deliberate matters concerning copyright and conciliate disputes 
concerning the rights protected under this Act (hereinafter referred to as 
"disputes"), the Copyright Deliberation and Conciliation Committee (hereinafter 
referred to as "the Committee") shall be established. 
(2) The Committee shall consist of more than fifteen and fewer than twenty 
deliberation and conciliation members (hereinafter referred to as "members") 
including one chairman and two vice chairmen. 
(3) Members shall be nominated by the Minister of Culture and Tourism among 
those who have knowledge and experience in copyright matters and renowned 
for their virtues, and the chairman and vice chairmen shall be elected from 
among the members. <Amended by Act No. 4183, Dec. 30, 1989; Act No. 4541, 
Mar. 6, 1993> 
(4) The term of members shall be a period of three years and the members may 
serve for more than one term. 
(5) If a vacancy has occurred in the members of the Committee, the substitute 
shall be nominated in the same manner as prescribed under Paragraph (3) who 
is to serve for the remaining period of his predecessor's term. The substitute 
may not be nominated, if the total number of the incumbent members exceeds 
fifteen. 
Article 82 Functions 
The Committee shall deliberate on the following matters, in addition to the 
conciliation of disputes: <Amended by Act No. 4183, Dec. 30, 1989; Act No. IP/N/l/KOR/C/l 
Page 42 
4541, Mar. 6, 1993; Act No. 5015, Dec. 6, 1995> 
1. Matters concerning the criteria for compensation prescribed under Paragraph 
(3) text of Article 28, Paragraph (1) of Article 47, Articles 48 and 50; 
2. Matters concerning the rate or amount of compensation for the copyright 
management service provider prescribed under Paragraph (3) of Article 78; 
3. Matters referred to the Committee by the Minister of Culture and Tourism or 
by three or more members jointly. 
Article 83 Conciliation Division 
In order to effectively carry out the affairs of dispute conciliation of the 
Committee, a conciliation division consisting of three members, including one 
qualified as a Actyer, shall be established in the Committee. 
Article 84 Application for Conciliation 
(1) Any person who intends to have a dispute conciliated may make an 
application to the Committee for conciliation of a dispute by stating clearly the 
tenor and cause of application. 
(2) The conciliation of the disputes under Paragraph (1) shall be carried out by 
the Conciliation Division prescribed under Article 83. 
(3) The Committee shall reach a conciliation on the dispute within three months 
from the date of the application for conciliation, and if no conciliation has been 
reached during the said period, the conciliation shall be considered to have 
failed. 
Article 85 Demand for Attendance 
(1) If it is deemed necessary for the conciliation of a dispute, the Committee may IP/NIl/KORlCIl 
Page 43 
demand the attendance of the person concerned, his agent or an interested 
person, or the submission of relevant documents. 
(2) If the person concerned failed to comply with the demand for attendance 
prescribed under Paragraph (1) without any justifiable reason, the conciliation 
shall be considered to have failed. 
Article 86 Conclusion of a Conciliation 
(1) The conciliation shall be concluded by writing the terms of agreement 
between the parties on a protocol. 
(2) The protocol as referred to in Paragraph (1) shall have the same effect as a 
judicial conciliation, as long as it is concerned with matters within the parties' 
disposal. 
Article 87 Failure of Conciliation 
If no agreement has been reached between the parties in a conciliation, or if the 
conciliation is considered to have failed under Paragraph (3) of Article 84 or 
Paragraph (2) of Article 85, such facts shall be stated in the protocol. 
Article 88 Expenses of Conciliation 
(1) The expenses of conciliation shall be borne by the requesting party; provided 
that if the conciliation is reached, the expenses shall be borne by both parties in 
equal share, unless otherwise stipulated. 
(2) The amount of conciliation expenses as referred to in Paragraph (1) shall be 
determined by the Committee. IP/N/IIKORlC/l 
Page 44 
Article 89 Organization, etc. of the Committee 
The organization and administration of the Committee, procedures of conciliation, 
method of payment of conciliation expenses and other matters necessary for the 
operation of the Committee shall be determined by the Presidential Decree. 
Article 90 Subsidy for Expenses 
The state may subsidize the expenses necessary for the operation of the 
Committee within the limit of its budget. 
CHAPTER 8 REMEDIES FOR INFRINGEMENT OF RIGHTS 
Article 91 Right of Demanding Suspension of Infringement, etc. 
(1) Any person who has the copyright or other rights protected under this Act 
(excluding the rights to be compensated under Articles 65 and 68, hereinafter 
the same shall apply to this Article) may demand a person infringing his rights to 
suspend such act or demand a person likely to infringe his rights to take 
preventive measures or to provide a security for compensation for damages. 
(2) If a person who has the copyright or other rights protected under this Act 
makes a demand under Paragraph (1), he may demand the abandonment of the 
objects made by the act of infringement or other necessary measures. 
(3) In the cases of Paragraphs (1) and (2), or in the case where a criminal 
indictment under this Act has been filed, on request of a plaintiff or accuser, the 
court may, with or without imposing a security, issue an order to temporarily 
suspend the act of infringement, or seize the objects made by the act of 
infringement, or to take other necessary measures. 
(4) In the case of Paragraph (3) where a judicial decision was made that no 
infringement of copyright and other rights protected under this Act has been IPlNll/KORlC/l 
Page 45 
made, the applicant shall pay compensation for the damages caused by his 
request. 
Article 92 Acts Considered as to be Infringements 
(1) Any act falling under the following Subparagraphs shall be considered to be 
an infringement of copyright or other rights protected under this Act: <Amended 
by Act No. 4717, Jan. 7, 1994> 
1. The importation into the Republic of Korea, for distribution, of objects made by 
an act which would constitute infringement of copyright or other rights protected 
under this Act, if they were made in the Republic of Korea at the time of such 
importation; 
2. The distribution or the possession for distribution, of objects by an act 
infringing copyright or other rights protected under this Act (including those 
imported as referred to in Subparagraph 1) by a person who is aware of such 
infringement. 
(2) An act of exploiting a work in a manner prejudicial to the honor or reputation 
of the author shall be considered to be an infringement of his moral rights. 
Article 93 Claim for Damages 
(1) The owner of authors' economic right or other rights protected under this Act 
(excluding authors' moral rights) (hereinafter referred to as "owner of authors' 
economic rights, etc. ") may claim compensation for damages from a person who 
has infringed his rights intentionally or negligently. 
(2) If the owner of authors' economic rights, etc. claims compensation under 
Paragraph (1), the amount of profits obtained by the infringer from his 
infringement shall be presumed to be the amount of damages suffered by the 
owner of authors' economic rights, etc. 
(3) The owner of authors' property rights, etc. may claim an amount of IP/N/l/KOR/C/l 
Page 46 
compensation for damages as referred to in Paragraph (2), or an amount of 
compensation for damages corresponding to the ordinary amount of money 
which would be received through the exercise of these rights. 
Article 94 Presumed Number of Illegal Copies 
If a work is reproduced without the consent of the owner of authors' economic 
rights, and if it is difficult to calculate the number of illegal copies, it shall be 
presumed as follows: 
1.5,000 copies in the case of a book; 
2. 10,000 copies in the case of a phonogram. 
Article 95 Right of Demanding Recovery of Honor, etc. 
The author may demand that the person who has infringed his moral rights 
intentionally or negligently take measures necessary for the recovery of his 
honor or reputation in place of or together with compensation for damages. 
Article 96 Protection of Authors' Moral Rights after the Death of an Author 
After the death of an author, his surviving family(the surviving spouse, children, 
parents, grand children, grand parents, brothers and sisters of the dead author) 
or the executor of his will may, under Article 91, demand a person who violates 
or is likely to violate the provision of Paragraph (2) of Article 14 in respect of the 
work concerned, or, under Article 95, demand a person who infringes authors' 
moral rights intentionally or negligently, or who violates the provision of Article 14 
for recovery of his honor or reputation. Article 97 Infringement in Respect of a Joint Work IP/N/1/KORlC/1 
Page 47 
Each co-author of, or each co-owner of authors' economic rights in, a joint work 
shall be entitled to make, without the consent of the other co-authors or owners 
of author's economic rights, the demand prescribed under Article 91, or demand 
for compensation for damages under Article 93 to his share in a joint work. 
CHAPTER 9 PENAL PROVISIONS 
Article 98 Infringement of Rights 
The following shall be punishable by imprisonment for not more than three years 
or a fine not more than thirty million won, or shall be punishable by both 
imprisonment and a fine: <Amended by Act No. 4717, Jan. 7, 1994> 
1. Any person who infringes authors' economic rights or other economic rights 
protected under this Act by means of reproduction, performance, broadcasting 
or exhibition, etc.; 
2. Any person who commits acts prejudicial to the honor and reputation of an 
author by infringing author's moral rights; 
3. Any person who registers by fraudulent means under Article 51 or 
52(including the case where these provisions applies mutatis mutandis under 
Paragraph (3) of Article 60 or Article 73). 
Article 99 Illegal Publications, etc. 
The following shall be punishable by imprisonment for not more than one year or 
a fine not more than ten million won: <Amended by Act No. 4717, Jan. 7,1994> 
1. Any person who has make a work public under the real name or pseudonym 
of a person other than the author; 
2. Any person who violates the provision of Paragraph (2) of Article 14; IP/N/l/KORlC/l 
Page 48 
3. Any person who operates copyright management services without obtaining a 
license as prescribed under Paragraph (1) of Article 78 (except the ease where 
the copyright management service provider is an agent or intermediary); 
4. Any person who commits an act considered to be an infringement under the 
provisions of Article 92. 
Article 100 Failure to Indicate Sources 
The following shall be punishable by a fine not more than five million won: 
1. Any person who doesn't indicate the sources under Article 34 (including the 
case where the provisions of Article 71 applies mutatis mutandis); 
2. Any person who doesn't indicate the notice of the owner of the right of 
reproduction in violation of the provisions of Paragraph (3) of Article 55; 
3. Any person who engages in copyright management services as an agent or 
intermediary without reporting as prescribed under the proviso of Paragraph (1) 
of Article 78, or who continues the services after being ordered to close the 
services under the provision of Paragraph (2) of Article 80. <Amended by Act No. 
4717, Jan. 7, 1994> 
Article 101 Confiscation 
Reproductions made in violation of copyright or other rights protected under this 
Act which are owned by the infringer, printer, distributor or performer shall be 
confi seated. 
Article 102 Accusation 
In the case of offenses, the prosecution take place only upon the complaint of 
the injured person, except for the cases prescribed under Paragraph (3) of IP/NIIIKORlC/l 
Page 49 
Article 89, or Paragraphs (1) to (3) of Article 99, or Paragraph (3) of Article 100. 
<Amended by Act No. 4717, Jan. 7, 1994> 
Article 103 Punishment of Both Parties 
Where a representative of a legal person, or an agent, employee or any worker 
of a legal person or a person violates this Section in connection with the 
business of such legal person or such person, the fine under each Article shall 
be imposed upon such legal person or a person in addition to the punishment of 
the offender. 
ADDENDUM 
Article 1 (Date of Enforcement) 
This Act shall come into force on and after July 1, 1987. 
Article 2 (Interim Measures Concerning Scope of Application) 
(1) This Act shall not apply to those works or parts of such works in which 
copyright has been expired in whole or in part, and which have not been 
protected by the provisions of the former Act before the enforcement of this Act. 
(2) Any work being made public under the provisions of the former Act before the 
enforcement of this Act and falling under any of the following Subparagraphs 
shall be protected under the provisions of the former Act: 
1. Musical playing, singing, conducting, phonograms or sound recorded films 
under Article 2 of the former Act; 
2. Attribution and exploitation of copyright in a joint work as prescribed under 
Article 12 of the former Act; 
3. Attribution of copyright in a commissioned work as prescribed under Article 
13 of the former Act; 
4. Attribution of copyright in a photographic work as prescribed under Article 36 IPINIlIKORlCIl 
Page 50 
of the former Act; 
5. Attribution of copyright in a cinematographic work as prescribed under Article 
38 of the former Act. 
Article 3 (Interim Measures Concerning Protection Period of Works) 
The protection period of a work which was made public before the enforcement 
of this Act and which does not fall under Article 2 (1) of Addendum is as follows: 
1. If the protection period under the former Act is longer than that of this Act, the 
provisions of the former Act shall apply; 
2. If the protection period under the former Act is shorter than that of this Act, the 
provisions of this Act shall apply. 
Article 4 (Interim Measures Concerning Alteration of Rights, etc.) 
The copyright (including the established right of publication) which was created, 
transferred by assignment or otherwise disposed of under the provisions of the 
former Act shall be considered to have been created, transferred or otherwise 
disposed of under the provisions of this Act. 
Article 5 (Interim Measures Concerning Registration of Copyright) 
The registration of copyright which was made under the provisions of the former 
Act shall be considered to have been done under this Act. 
Article 6 (Interim Measures Concerning Indication of Sources) 
If a person intends to exploit a work under the proviSions of Paragraph (1) of 
Article 23, he is not obliged to indicate the sources within five years from the date 
of enforcement of this Act, notwithstanding the provisions of Paragraph (1) of 
Article 34. 
Article 7 (Interim Measures Concerning Infringement of Rights) 
Any act constituting an infringement of copyright (including that of the 
established right of publication) under Chapter 4 of the former Act shall be 
redressed under the provisions of the former Act. Article 8 (Interim Measures Concerning Penal Provisions) IPINIlIKORlCI 1 
Page 51 
The penal provisions of the former Act shall apply to the acts committed before 
the enforcement of this Act. 
ADDENDA (December 30, 1989) 
Article 1 (Date of Enforcement) 
This Act shall come into force on and after the date of its promulgation. (The 
proviso omitted) 
(Articles 2 to 6 omitted) 
ADDENDA (December 27, 1990) 
Article 1 (Date of Enforcement) 
This Act shall come into force on and after the date of its promulgation. (The 
proviso omitted) 
(Articles 2 to 10 omitted) 
ADDENDA (March 8, 1991) 
Article 1 (Date of Enforcement) 
This Act shall come into force on and after the lapse of one month from the date 
of its promulgation. 
(Articles 2 to 6 omitted) IP/N/1/KORlC/1 
Page 52 
ADDENDA (March 6,1993) 
Article 1 (Date of Enforcement) 
This Act shall come into force on and after the date of its promulgation. (The 
proviso omitted) 
(Articles 2 to 5 omitted) 
ADDENDA (January 7,1994) 
Article 1 (Date of Enforcement) 
This Act shall come into force on and after July 1, 1994. 
Article 2 (Interim Measures Concerning Right of lending) 
The provisions of the former Act shall apply to the rental of commercial 
phonograms in which a work has been included before the enforcement of this 
Act. 
Article 3 (Interim Measures Concerning Protection Period of Neighboring Rights) 
The provisions of the protection period of neighboring rights under the former Act 
shall apply to the neigh boring rights which have been created before the 
enforcement of this Act. 
Article 4 (Interim Measures Concerning Compensation with Respect to 
Textbooks) 
If a work being made public is to be reproduced in a textbook in which copyright 
is attributed to the Minister of Education or which is approved and sanctioned by 
the Minister of Education, the provisions of compensation or deposit shall not 
apply for a period of five years from the enforcement of this Act, notwithstanding 
the provisions of Paragraph (3) of Article 23. IP/N/1/KORlC/1 
Page 53 
Article 5 (Interim Measures Concerning Rights in Cinematographic Work) 
The amended provisions of Paragraph (3) of Article 75 shall not be applied for a 
period of five years from the enforcement of this Act. 
ADDENDA (March 24, 1994) 
Article 1 (Date of Enforcement) 
This Act shall come into force on and after the lapse of four months after its 
promulgation. 
(Articles 2 to 7 omitted) 
ADDENDA (December 6,1995) 
Article 1 (Date of Enforcement) 
This Act shall come into force on and after July 1, 1996. 
Article 2 (Interim Measures Concerning Scope of Application) 
This Act shall not apply to a whole or a part of a work in which copyright, etc. has 
been expired in whole or in part to the expiry of the protection period under the 
provisions of the former Act before the enforcement of this Act. 
Article 3 (Special Provisions Concerning Protection Period) 
Copyright in works of foreigners and rights of foreign performers and producers 
of phonograms in phonograms which have been newly protected under the 
provisions of Paragraph (1) of Article 3 and Article 61 respectively and which 
have been made public before the enforcement of this Act (hereinafter referred 
to as "restored works, etc. ") shall continue to subsist for the remaining protection 
period which would have been recognized if the restored works, etc. had been IP/N/l/KORlC/l 
Page 54 
protected in the Republic of Korea. 
Article 4 (Interim Measures Concerning Exploitation of Restored Works, etc.) 
(1) Exploitation of a restored work, etc. before the enforcement of this Act shall 
not be considered to be an act of infringement of the rights prescribed under this 
Act. 
(2) Reproductions of a restored work, etc. which were made before January 1, 
1995 may be continuously distributed by December 31,1996. 
(3) Derivative works which are based on a restored work, etc. and made before 
January 1, 1995 may be continuously distributed after the enforcem~nt of this 
Act; provided that the right holder of the original work may demand a reasonable 
compensation for exploitation made after December 31,1999. 
(4) If a person has acquired, before the enforcement of this Act, a phonogram on 
sale in which a restored work, etc. is fixed, the provisions of Paragraph (2) of 
Article 43, Paragraph (2) of Article 65 and Paragraph (2) of Article 67 shall not 
apply. IPINIlIKORlCI 1 
Page 55 
ENFORCEMENT DECREE OF THE 
COPYRIGHT ACT 
President ial Decree No. 1482. Apri I. 
As last Amended by No. 15081. June 
-TABLE OF CONTENTS -22. 1959 
29. 1996 
Article 1 Purpose. .............................................................. ............................................................... 4 
Article 2 ExceptiQlLtQ..Puhlic Performance in Respect to Commercial Phono..gJ:J1l11£ ........ h ............ 4 
Article 3 Facilities in JYhich Reproduction is Permitted ................................................ h.h ..... h ..... 4 
Article 4 Facilities Cap.able o/Sound Recording o/Soundsfor the Blind ...... , ........................ h ...... 4 
Article 5 Facilitie£.JflLPreservation of Sound Recordings ......................... m .................. h ............... 5 
Article 6 .Cancellation o/Designation ............................................................................................. 5 
Article 7 Application/or El:ploitation qf Works ................. h ........................................................... 6 
Article 8 Statement 0/ Opinion ........................................................................................................ 6 
Article 9 Deleted ........................................................... ..................................................... h ............ 6 
Article 10 Notification qfApproval ............................................................ ..................................... 6 
Article 11 Deleted ..................................................................... h ••................................................... 7 
Article 12 Deleted ................................................................ ............................................................ 7 
Article 13 Deposition ofConlpensation ........................................................................................... 7 
Article 14 Reiection qfApplication ............................................................... ................................... 7 
Article 15 Principles o/Application ........................................................... ...................................... 8 
Article 16 Application/or Registration .......................................................................... .................. 8 
Article 17 Applicant qfRegistration ................................................................................................ 8 
Article 18 Copyright Register. etc .................................................................................................... 9 
Article 19 Delivery QjRegistration Certificate ................................................................................. 9 IPINIlIKORlCIl 
Page 56 
Article 20 Correction O,(Registered Matters ................................................. , .................................. 9 
Article 21 Modification QfRegistered Matters ........................................................................... ...... 9 
Article 22 hulication of Owner of Right o..(Reproductioll .............................................................. 10 
t1rtid.e 23 Designation o/Organization ofPerformers ................................................................... 10 
Article 24 Operational Rules ........................................................................... ............................... 10 
Article 25 Accounts ........................................................................................................................ 11 
Article 27 Cancellation o/Designation ........................................................................................... 11 
Article 27-2 Designqtion o/Organization U//tich Exercises Right 0/ Lending Ph on ogrqms,/or Sale 
............................................................................................................................................................. 12 
Ar.tir:k2~ ........ D.gsigl1fJ..tiQl1-.QLQrgal1j.za.tiJl11..!)f-fr.Qd".c..e.ls..J}fPlt.Ql1oglll.ms. ...•...••...•.•....•..•........•........•..• 12 
Artide..2..~ .. _ .. .App-li.r:.qt.iQl1f(}r.P.er.m.it.{}t.CQPJ~r.ight.MqtJ..agem.mLSe.r:J!if;c.s .....•••••.•......•........•..••....•••...• 12 
Ar.t.ide..J.9.:2 .... _ .. Re.p.(!J:t_QLCQP~ljght..MamJg.e.l11glrLSelY..i.r:.£.s ..•....•..•.•..•.............•...••.•..••..••...••..•......•....• 13 
Ar.1ic..le..3.0_ ..... Rep.or.t ... et.r;, .....•.....•...•.•.........•.•..•.....•........•......•...........•.•.......•••...••.....••..•..•..................•.• 13 
ArJir:le.J1._ .... frflcc.dulc..{!/'.He.fJ..r.il1g ••...••••..•.....•••.•.....•.......•.•...•....•.•.•••... '" •..•.••..•.•••...... '" .................. 13 
Ar.ti.c..l.e..3.2 .... __ .Chaillllll.tJ.. .. fJ.lI.d..J:lc..e .. Chailmcn ..•••...•.............................................................................. 14 
ArJicle..J3_._ .... CQlJ.J!.Q(;lltifltJ.. .. ufMe..aiug.n..lI.d .. QJJuI..um ............................................................................ 14 
Ar.ti.r:..l.e_3.4 ..... _.E$lJJ.b.lishme.l1t_u.fSub.r:.Qmmitt,gc.s .•.................................................................................. 14 
Ar..ticle..J5. ... _ ... Ic.e.atmel1t..(J/'.Me..mo.e..c.s., .. e.t.c.. •...................................................................................... '" .. 15 
Awf:.lc . .Jfi ....... .lle.letg.d ........................................................................................................................... 15 
Ar..ticle. .. JZ_._ .. Pc.Qr:c.dllCC_U/'..CQ.tJ...c..iliatifltJ.. •.................................................................................. '" ., •...•• 15 
Arti.c..le...3.B ... __ .RHle..s..CQI1c.e.r.n.ilJ.g_Ojl.e.c.atiJJ.l1. .. ()j.th.e. .. Commit1e.e. ............................................................. 16 
Ar1iclf:..J9 ......... Se.c.r.e.t.aliat.,_e.t.c.. •.............................................................................................................. 16 
Ar.tic..le..1fl ........ B.Haget. .. «ud.Se.t1Ie.me.llt.QtAr:..r;.QHuts ............................................................................... 16 
Ar.t.ir;Ie. .. 4L .. __ Ee.e.s ...................................................................................................... '" •.••..•.....••.•.....•• 17 
ADDENDUM ..................... .................................................................................................................. 17 
ADDENDUM <-[anual)' 3. 1990> ........................................................................................................ 17 
ADDENDUM <Decemhe.r. I. 1990> ..................................................................................................... 17 IP/N/lIKORlC/1 
Page 57 
ADDENDUM <April 8. 1991> ............................................................................................................. 17 
ADDENDUM <April 25. 1992> ........................................................................................................... 18 
ADDENDUM <March 6. 1993> .......................................................................................................... 18 
ADDENDUM <June 30. 1994> ........................................................................................................... 18 
ADDENDUM <July 23. 1994> ............................................................................................................ 18 
ADDENDUM <October 4. 1994> ........................................................................................................ 18 
ADDENDUM <Tune 29. 1996> ........................................................................................................... 18 IPINIlIKORlCIl 
Page 58 
Article 1 Purpose 
The Decree aims at providing for matters delegated by the Copyright Act and 
matters necessary for its enforcement. 
Article 2 Exception to Public Performance in Respect to Commercial 
Phonograms 
The term "cases as prescribed by the Presidential Decree" in the proviso of 
Paragraph (2) of Article 26 of the Copyright Act (hereinafter referred to as 
"Act") means the following public performances: <Amended by Presidential 
Decree No. 14304, Jun. 3D, 1994> 
1. Public performance given at a merrymaking barroom as prescribed under 
Item d of Subparagraph 8 of Article 7 of the Enforcement Decree of the Food 
Sanitation Act; 
2. Public performance given at a place of business as prescribed under each 
Item of Subparagraph 8 of Article 7 of the Enforcement Decree of the Food 
Sanitation Act, where a part of its main contents of business is the appreciation 
of musical or cinematographic works, which advertises its contents of business, 
and is equipped with special facilities to appreciate the musical or 
cinematographic works. 
Article 3 Facilities in Which Reproduction is Permitted 
The term "facilities as prescribed by the Presidential Decree" in Article 28 of 
the Act (including the cases where Paragraph (2) of Article 60 and Article 71 
are applied mutatis mutandis) means the following facilities: <Amended by 
Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13342, 
Apr. 8, 1991; Presidential Decree No. 13869, Mar. 6, 1993; Presidential Decree 
No. 14339, Jul. 23, 1994> 
1. Public libraries, school libraries and special libraries as prescribed by the 
Library and Book Reading Promotion Act (excluding the special libraries 
established by profit-making corporations or organizations); 
2. facilities established by the state, local governments, non-profit corporations 
or organizations for the purpose of preserving, lending and offering books, 
documents, phonograms and other materials for use by the public; 
3. Other facilities similar to those as prescribed in Subparagraphs 1 and 2 
which have been designated by the Minister of Culture and Tourism and 
deemed necessary for offering books, documents, phonograms and other 
materials for use by the public. 
Article 4 Facilities Capable of Sound Recording of Sounds for the Blind IP/N/l/KOR/C/l 
Page 59 
The term "facilities as prescribed by the Presidential Decree" in Paragraph (2) 
of Article 30 of the Act (including the cases where Paragraph (2) of Article 60 
and Article 71 of the Act are applied mutatis mutandis) means any of the 
following facilities: <Amended by Presidential Decree No. 12895, Jan. 3, 1990; 
Presidential Decree No. 13173, Dec. 1, 1990; Presidential Decree No. 13869, 
Mar. 6, 1993; Presidential Decree No. 14395, Qct. 4, 1994> 
1. Facilities established and operated by the state, local governments, social 
welfare legal persons and other non-profit legal persons which falls under any 
of the following Items: 
a. Rehabilitation facilities for the visually handicapped; 
b. Braile libraries; 
c. Facilities which take care of the visually handicapped such as the nursing 
homes for the handicapped persons and the work places for the handicapped 
persons. 
2. Special schools as prescribed by. the Education Act and the Special 
Education Promotion Act, and schools having specia; classes for the visually 
handicapped persons. 
3. Facilities. established and operated by non-profit legal persons or 
organizations for the purpose of education, science or promotion of welfare; 
4. Other facilities which have been designated by the.) Minister of Culture and 
TCiurism and deemed necessary for the education, science and research for the 
visually handicapped persons. 
Article 5 Facilities for Preservation of Sound Recordings 
The term "places as prescribed by the Presidential Decree" in the proviso of 
Paragraph (2) of Article 31 of the Act (including the cases where Article 71 of 
the Act is applied mutatis mutandis) means any of the following facilities: 
<Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential 
Decree No. 13869, Mar. 6, 1993> 
1. Facilities established and operated by the state or the local government for 
the purpose of preserving recorded materials; and 
2. Facilities designated by the Minister of Culture and Tourism which have 
been established for the purpose of collecting and preserving as documentary 
records the sound and visual recordings which have been offered for 
broadcasting. 
Article 6 Cancellation of Designation 
The Minister of Culture and Tourism may cancel the designation of a facility 
designated under Subparagraph 3 of Article 3 and Subparagraph 2 of Article 5, 
if the said facility falls under any of the followings: <Amended by Presidential 
Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993> 
1. Where the person who established and operated the facility, has infringed IPINIlIKOR/C/l 
Page 60 
unfairly the rights of the copyright owner in the course of carrying out his 
business; 
2. Where the facility has been out of operation or closed; 
3. Where the Minister of Culture and Tourism deems it necessary for the 
protection of copyright. 
Article 7 Application for Exploitation of Works 
(1) Any person who intends to obtain the approval of the Minister of Culture 
and Tourism under Articles of 47, 48 and 50 of the Act, shall submit an 
application for the exploitation of a work to the Minister of Culture and Tourism 
according to the Ordinance of the Ministry of Culture and Tourism. <Amended 
by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 
13869, Mar. 6, 1993; Presidential Decree No. 15081, Jun. 29, 1996> 
(2) Deleted. <by Presidential Decree No. 15081, Jun. 29, 1996> 
Article 8 Statement of Opinion 
(1) The Minister of Culture a:1d Tourism, on receipt of an applicaticn for 
approval under Article 7, shall give the owner of authors' property rights or his 
representative an opportunity to state his opinion in a prescribed period of 
more than seven days but not shorter than thirty days; provided that jf the 
application for exploitation of a work is under the provisions of Article 47, the 
content of the application shall be announced in the Official Gazette within a 
prescribed period of sixty days. <Amended by Presidential Decree No. 12895, 
Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993; Presidential Decree 
No. 15081, Jun. 29, 1996> 
(2) The provisions of Paragraphs (1) to (4) of Article 31 shall be applicable 
mutatis mutandis to the procedure, etc. for the statement of opinion under the 
text of Paragraph (1). 
Article 9 Deleted 
Article 10 Notification of Approval 
If the Minister of Culture and Tourism has given his approval to an application 
under Paragraph (1) of Article 7, he shall notify it to the applicant and the 
owner of authors' property rights; provided that if the owner of authors' property 
rights or his residence cannot not be identified, he shall announce it in the 
Official Gazette. <Amended by Presidential Decree No. 12895, Jan. 3, 1990; 
Presidential Decree No. 13869, Mar. 6, 1993; Presidential Decree No. 15081, 
Jun. 29, 1996> Article 11 Deleted 
Article 12 Deleted 
Article 13 Deposition of Compensation IP/N/1/KORlC/l 
Page 61 
(1) The cases where the deposition of compensation can be made instead of 
paying it to the owner of authors' property right under Articles 47, 48 and 50 of 
the Act shall be as follows: 
1. Where the owner of author's property right or his residence cannot be 
identified; 
2. Where the owner of author's property right has refused to' receive the 
compensation or it is impossible to pay it to the owner of author's property right 
by other reasons; 
3. Where the right of pledge is established on the said property right (excluding 
the case where the owner of author's property right has obtained tile consent of 
the pledgee). 
(2) The deposition of compensation under Paragraph 1) sh811 be made, if the 
domicile of the owm~r of authors' property rights is in the Republic of Korea, at 
the depository i8 Ule jurisdiction of his domicile, and in other cases, at the 
depository in the jurisdiction of the legal licence's domicile. 
(3) The person who has deposited the compensation under Subparagraphs 2 
and 3 of Paragraph (1), shall notify the fact of deposition to the person who is 
entitled to receive the deposit and report it to the Minister of Culture and 
Tourism. <Amended by Presidential Decree No. 12895, Jan. 3, 1990; 
Presidential Decree No. 13869, Mar. 6, 1993> 
(4) The person who has deposited the compensation under Subparagraph 1 of 
Paragraph (1), shall announce the fact of deposition as prescribed by the 
Ordinance of the Ministry of Culture and Tourism, and report it to the Minister of 
Culture and Tourism. <Amended by Presidential Decree No. 12895, Jan. 3, 
1990; Presidential Decree No. 13869, Mar. 6, 1993> 
(5) The provisions of Civil Code and the Deposit Act shall apply mutatis 
mutandis to matters not provided for in this Decree with respect to deposition. 
(6) The provisions of Paragraphs (1) to (5) shall apply mutatis mutandis to the 
deposition under the provisions of Paragraph (3) of Article 23 of this Act. 
Article 14 Rejection of Application 
(1) The Minister of Culture and Tourism may reject the application for 
exploitation of a work under Article 7, if the application falls under any of the 
following: <Amended by Presidential Decree No. 12895, Jan. 3, 1990; IPINIlIKORlCIl 
Page 62 
Presidential Decree No. 13869, Mar. 6, 1993; Presidential Decree No. 15081, 
Jun. 29, 1996> 
1. Where the object for which the application to exploit a work has been made 
can be sufficiently achieved by other means without the work concerned; 
2. Where it is not in conformity with the requirements for the application to 
exploit a work as prescribed under Articles 47,48 and 50; 
3. Where the copyright owner or his residence has been identified or an 
agreement has been reached before the approval for exploitation of a work; 
4. Where the copyright owner has withdrawn all the reproductions of a work so 
as not to be offered for publication or other means of exploitation; 
5. Where the Minister of Culture and Tourism has confirmed that the copyright 
owner has an unavoidable reason for not authorizing the exploitation of his 
work. 
(2) If the Minister of Culture and Tourism has rejected the application for 
exploitation of a work under the provisions of Paragraph (1), he shall notify the 
reasons to the applicant as well as to the owner of author's property right; 
provided that the owner of authors' property rights or his residence cannot be 
identified. <Amended by Presidential Decree No. 12895, Jan. 3, 1990; 
Presidential Decree No. 13869, Mar. 6, 1993> 
Article 15 Principles of AppliGation 
(1) The registration as prescribed under Article::; 5~ and 52 (including the cases 
where Paragraph (3) of Articles 60 and 73 of the Act are applied mutatis 
mutandis) shall be made by an application or commission, except the cases as 
provided otherwise in this Decree. 
(2) The procedure of registration by an application shall apply mutatis mutandis 
to the procedure of registration by commission. 
Article 16 Application for Registration 
A person who intends to register under Article 15, shall submit an application 
for registration of copyright or neighboring right to the Minister of Culture and 
Tourism as prescribed by the Ordinance of the Ministry of Culture and Tourism. 
<Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential 
Decree No. 13869, Mar. 6, 1993> 
Article 17 Applicant of Registration 
(1) The application for registration under Article 52 of this Act (including the 
cases where Paragraph (3) of Article 60 and Article 73 are applied mutatis 
mutandis) shall be made, except the cases as provided otherwise by other laws 
and regulations, jointly by the obligee and obligor of registration; provided that IPINIlIKORlCIl 
Page 63 
when a written consent of the obligor is attached to the application, the 
application may be made by the obligee alone. 
(2) The application by a judgment, inheritance, and other general succession or 
commission may be made only by the obligee of registration. 
(3) The application for change or correction of the indication of the title holder 
of registration may be made by the title holder of registration. 
Article 18 Copyright Register, etc. 
Matters of registration, delivery of transcripts and application for inspection of 
the copyright register as prescribed under Article 53 of the Act, register of the 
right of publication as prescribed under Paragraph (3) of Article 60 of the Act 
and register of neighboring rights as prescribed under Article 73 of the Act 
(hereinafter referred to as "register") and other necessary matters shall be 
determined by the Ordinance of the Ministry of Culture and Tourism. 
<Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential 
Decree No. 13869, Mar. 6, 1993> 
Article 19 Delivery of Registration Certificate 
The Minister of Culture and Tourism shall deliver the registration certificate to 
the applicant, if the application for registration under Article 16 has beer~ 
received and the registration made on the register. <Amended by Presidential 
Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993> 
Article 20 Correction of Registered Matters 
(1) The Minister of Culture and Tourism shall notify, when he has discovered 
any error or omission in the matters registered on the register under Article 19, 
the fact without delay to the obligee and obligor of the registration. <Amended 
by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 
13869, Mar. 6, 1993> 
(2) If the error or omission as referred to in Paragraph 1 has been caused by 
the fault of public official in charge of registration, the registration shall be 
promptly corrected and the corrected contents shall be notified to the obligee 
and obligor of registration. 
(3) If there is a third party who is interested in the correction of the registered 
matters under Paragraphs (1) and (2), the third party shall also be notified of 
the contents of such errors and omissions. 
Article 21 Modification of Registered Matters IP/NIlIKORlCI 1 
Page 64 
If the obligee applies for the registration of correction, modification, erasure or 
recovery of erased registration with respect to the matters of registration under 
Article 19, he shall submit to the Minister of Culture and Tourism an application 
for modification of registration along with documents which substantiate the fact 
of modification as prescribed by the Ordinance of the Ministry of Culture and 
Tourism. <Amended by Presidential Decree No. 12895, Jan. 3, 1990; 
Presidential Decree No. 13869, Mar. 6, 1993> 
Article 22 Indication of Owner of Right of Reproduction 
The indication of the owner of the right reproduction under Paragraph (3) of 
Article 55 of the Act shall be made according to the following categories, except 
the cases of periodicals registered under Article 7 of the Act Concerning the 
Registration of Periodicals: <Amended by Presidential Decree No. 14304, Jun. 
3D, 1994> 
1. If the object of reproduction is a foreigner's work, the indication of the name 
of the owner of the right of reproduction and the first year of its publication; 
2. If the object of reproduction is a work of a national of the Republic of Korea, 
the indication as referred to in Paragraph 1 and the approval seal of the owner 
of the right of reproduction; 
3. If the right of reproduction has been transferred by assignment tu the owner 
of the right of publication, the indication to such effect. 
Article 23 DeSignation of Organization of Performers 
(1) The organization of performers to be designated by the Minister of Culture 
and Tourism under Paragraph (2) of Article 65 shall satisfy the following 
requirements: <Amended by Presidential Decree No. 12895, Jan. 3, 1990; 
Presidential Decree No. 13869, Mar. 6, 1993> 
1. It shall not be for profit-making purposes; 
2. Its members shall be allowed to enter or withdraw at will; 
3. The voting and electing right of its members shall be equal. 
(2) If the Minister of Culture and Tourism has designated an organization 
under Paragraph (2) of Article 65 of the Act, he shall announce it in the Official 
Gazette. <Amended by Presidential Decree No. 12895, Jan. 3, 1990; 
Presidential Decree No. 13869, Mar. 6, 1993> 
Article 24 Operational Rules 
The organization designated under Paragraph (2) of Article 65 of the Act 
(hereinafter referred to as "designated organization") shall establish the rules 
concerning the execution of matters related to compensation which shall 
provide the following matters, and obtain the approval of the Minister of Culture IP/N/lIKORlCIl 
Page 65 
and Tourism, and the same shall also apply to the case where it intends to 
modify such rules: <Amended by Presidential Decree No. 12895, Jan. 3, 1990; 
Presidential Decree No. 13869, Mar. 6, 1993> 
1. Matters concerning the acceptance of delegation of power to exercise the 
right of performers to receive compensation; 
2. Matters concerning the apportionment of compensation; 
3. Matters concerning the fee accruing from the exercise of the right to receive 
compensation; 
4. Other matters which the Minister of Culture and Tourism deems necessary in 
connection to the exercise of the right of performers to receive compensation. 
Article 25 Accounts 
The designated organization shall carry out the accounts of compensation in 
separation from other accounts. 
Article 26 Report on Performance Record and Programs of Business 
(1) The designated organization shall prepare programs of business and draft 
budget for the-following year before the expiry of the cUP'ent business year, and 
submit them to the Minister of Culture and Tourism. <Amended by Presidential 
Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993> 
(2) The desiynated organization shall prepare a performance record and a 
statement of accounts of the previous year within two months after the closure 
of the current business year, and submit them to the Minister of Culture and 
Tourism. <Amended by Presidential Decree No. 12895, Jan. 3, 1990; 
Presidential Decree No. 13869, Mar. 6, 1993> 
(3) The statement of accounts as referred to in Paragraph 2 shall include the 
following accompanying documents: 
1. The present state of affairs and inventory of properties as of the end of the 
previous business year (in the case of cash, deposit certificates issued by 
financial institutions shall be attached); 
2. Documents specifying the cause of increase and decrease in properties; and 
3. Documents specifying the change in staff members. 
Article 27 Cancellation of Designation 
(1) The Minister of Culture and Tourism may cancel the designation if the 
designated organization falls under any of the followings after deliberation by 
the Copyright Deliberation and Conciliation Committee as prescribed under the 
provisions of Article 81 of the Act: <Amended by Presidential Decree No. 
12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993> 1. Where 
the organization can no longer satisfy the requirements as prescribed under 
Paragraph (1) of Article 23; IPlNllIKORlC/I 
Page 66 
2. Where the organization has violated the operational rules as prescribed 
under Article 24; 
3. Where the organization has neglected the duty to report as prescribed under 
Article 26; 
4. Where the organization has discontinued the services of compensation for 
so long that it is deemed to prejudice the interests of performers. 
(2) If the Minister of Culture and Tourism has cancelled the designation under 
Paragraph (1), he shall announce it in the Official Gazette. <Amended by 
Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, 
Mar. 6, 1993> 
Article 27-2 Designation of Organization Which Exercises Right of Lending 
Phonograms for Sale 
With respect to the designation and operational rules of an organization which 
is entitled to authorize the rental of commercial phonograms under the 
provisions Paragraphs (2), (3) and (6) of Article 65 which are applied mutatis 
mutandis under Paragraph (2) of Article 65-2 and Paragraph (2) of Article 67-2, 
the provisions of Articles 23 to 27 shall be applicable. In this case, the term "the 
right to receive compensation" shall be considered as "the right to authorize the 
rental" and the term "compensatioi'l" as "rental royalty." [This Article Newly' 
Inserted by Presidential Decree No. 14304, Jun. 30, 1994] 
Article 28 Designation of Organization of Producers of Phonograms 
With respect to the designation and operational rules of an organization which 
is entitled to a claim of compensation of producers of phonograms from the 
broadcasting organizations under Paragraph (2) to (6) of Article 65 of the Act 
which are applied mutatis mutandis under Paragraph (2) of Article 68 of the Act, 
the provisions of Articles 23 to 27 shall be applicable. In this case, the term 
"performance" shall be considered as "production of phonograms" and the term 
"performers" as "producers of phonograms." 
Article 29 Application for Permit of Copyright Management Services 
(1) Any person who intends to obtain a permit for copyright management 
services (excluding those who act as an agent or intermediary of copyright 
management services) shall prepare the rules concerning the copyright 
management services which include the following items and submit it along 
with the application for a permit for copyright management service to the 
Minister of Culture and Tourism: <Amended by Presidential Decree No. 12895, 
Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993; Presidential Decree 
No. 14304, Jun. 30, 1994> 1. Categories of business activities; 
2. Categories of works to be handled; IP/N/IIKOR/CIl 
Page 67 
3. Clauses of contract concerning the acceptance of agency, intermediary or 
trusteeship, and concerning the exploitation of works; 
4. Matters concerning the royalty rate or amount of money according to the 
categories of works and the method of exploitation; 
5. Matters concerning the rate of fees or amount of money as prescribed under 
the provisions of Paragraph (3) of Article 78. 
(2) The person who intends to modify the rules concerning the copyright 
management services as referred to in Paragraph 1 shall obtain the approval of 
the Minister of Culture and Tourism. 
<Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential 
Decree No. 13869, Mar. 6, 1993> 
Article 29-2 Report of Copyright Management Services 
(1) The person who intends to engage copyright management services only as 
an agent or intermediary as prescribed under the proviso of Paragraph (1) of 
Article 78 shall prepare the rules concerning copyright management services 
including each Item of Paragraph (1) of Article 29 (in the case of Item 3, the 
clauses of cor.tract concerning the acceptance of agency or intermediary and 
concerning the exploitation of works), and submit them along with the 
application for a permit for copyright management servi~es to the Minister of 
Culture and Tourism. 
(2) The person who intends to modify the rules concerning the copyright 
management services under provisions of Paragraph (1) shall report it to the 
Minister of Culture and Tourism as prescribed by the Ordinance of the Ministry 
of Culture and Tourism. <Amended by Presidential Decree No. 15081, Jun. 29, 
1996> [This Article Newly Inserted by Presidential Decree No. 14304, Jun. 30, 
1994] 
Article 30 Report, etc. 
(1) The copyright management service provider shall report the business 
performance of the previous year and the programs of the current year as 
prescribed by the Ordinance of the Ministry of Culture and Tourism. <Amended 
by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 
13869, Mar. 6, 1993> 
(2) Deleted. <by Presidential Decree No. 15081, Jun. 29, 1996> 
Article 31 Procedure of Hearing IPIN/1/KORlCIl 
Page 68 
(1) If an opportunity is to be given to a person to state his opinion under 
Paragraph (3) of Article 80 of the Act, the other party against whom the 
measure has been taken or his representative shall be notified in writing seven 
days before the date of hearing. 
(2) The other party or his representative who has received the notification 
under Paragraph (1) shall present himself on the designated date and state his 
opinion or present his opinion in writing. 
(3) If the other party or his representative has presented himself and stated his 
opinion as prescribed under Paragraph (2), the official concerned shall prepare 
in writing the gist, and have the person present confirm it personally and then 
sign his name and put his seal on it. 
(4) The notification as referred to in Paragraph (1) shall specify the effect that if 
he has failed to comply with it without any justifiable reason, he shall be 
considered to have given up the opportunity to state his opinion. 
(5) The provisions of Paragraphs (1) to (4) shall be applicable to the case 
where the designation is to be cancelled under Articles 6 and 27 (including the 
case to which Article 28 is applied mutatis mutandis). 
Article 32 Chairman and Vice Chairmen 
(1) The chairman of the Copyright Deliberation and Conciliation Committee as 
prescribed under Article 81 of the Act (hereil1after referred to as "Committee") 
shall take charge of the affairs of the Committee and represent the Committee. 
(2) The vice chairmen shall assist the chairman, and if the chairman is absent 
by accident, the vice chairman designated by the chairman shall act for him. 
Article 33 Convocation of Meeting and Quorum 
(1) The chairman shall convene the meeting of the Committee and preside over 
it. 
(2) The Committee shall convene its meeting with the attendance of more than 
a majority of its members, and make a decision by a concurrent vote of more 
than two-thirds of the members present. <Amended by Presidential Decree No. 
15081, Jun. 29, 1996> 
(3) The members of the Deliberation and Conciliation Division of the Committee 
(hereinafter referred to as "member") shall not participate in the deliberation of 
matters in which they have direct personal interests. 
Article 34 Establishment of Subcommittees 
The Committee shall establish subcommittees if it is deemed necessary for the 
execution of its business. Article 35 Treatment of Members, etc. IPINIlIKORlCIl 
Page 69 
(1) The Committee members other than the chairman shall serve on the non­
standing basis. 
(2) Remuneration shall be paid to the standing member and the non-standing 
members may be paid expenses actually needed to perform their duties within 
the limit of budget. 
(3) The standing member shall not engage himself in any profit-making activity 
other than his duty, and shall not serve concurrently in any other position 
without the approval of the Minister of Culture and Tourism. <Amended by 
Presidential Decree No. 13869, Mar. 6, 1993> [This Article Wholly Amended 
by Presidential Decree No. 13633, Apr. 25,1992] 
Article 36 Deleted 
Article 37 Procedure of Conciliation 
(1) The person who intends to r:pply for conciliation under Paragraph (1) of 
Article 84 of the Act, shall submit the application for conciliation to the 
Secretariat of the Committee as determined by the Committee. 
(2) If a person applies for conciliation as prescribed under Paragraph 1, he 
shall pay the amount of conciliation fee as determined by the Committee. 
(3) The chairman, on receipt of the application for conciliation under Paragraph 
(1), shall designate a conciliation division and refer the application for 
conciliation to it. 
(4) If the conciliation division which has received the application for conciliation 
under Paragraph (3), demands the attendance of the person concerned or his 
representative under Paragraph (1) of Article 85, the provisions of Paragraph 
(1) to (4) of Article 31 shall be applicable to the procedure for such demand. 
(5) The conciliation division may prepare a proposal of conciliation, present it to 
the person concerned, and recommend him to accept it. 
(6) The Committee may pay actual expenses such as allowances and traveling 
expenses to the person other than the party concerned who has presented 
himself in compliance with the demand of the Committee. 
(7) If conciliation has been concluded under Paragraph (1) of Article 86 of the 
Act, the Committee shall report it without delay to the Minister of Culture and 
Tourism, manage and preserve the protocol and other records. <Amended by 
Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 15081, 
Jun. 29, 1996> 
(8) The provisions of Paragraphs (1) to (7) shall be applicable to the procedure 
of conciliation as prescribed under Paragraph (5) of Article 65 of Act (including 
the cases to which Paragraph (2) of Article 68 of the Act is applied mutatis 
mutandis). IPlNlllKORlC/l 
Page 70 
Article 38 Rules Concerning Operation of the Committee 
(1) Matters other than those provided in this Decree which are necessary for 
the operation of the Committee shall be determined by the Committee. 
(2) When the Committee enacts or revises the rules relating to the operation of 
the Committee, it shall obtain the approval of the Minister of Culture and 
Tourism. <Amended by Presidential Decree No. 12895, Jan. 3, 1990; 
Presidential Decree No. 13869, Mar. 6, 1993> 
Article 39 Secretariat, etc. 
(1) The Committee shall establish a secretariat in order to execute its business 
and a research office. 
<Amended by Presidential Decree No. 15081, Jun. 29, 1996> 
(2) The secretariat shall have the secretary-general and other necessary staff 
appointed by the chairman; provided that if he appoints the secretary-general, 
he shall obtain the approval of the Minister of Culture and Tourism. <Amended 
by Presidential Deer·ee No. 12895, Jan. 3, 1990; Presidential Decree No. 
13869, Mar. 6, 1993> 
(3) The research office shall have one director and other necessary research 
staff appointed by the chairman. 
<Newly Inserted by Presidential Decree No. 15081, Jun. 29, 1996> 
(4) The Committee shall determine the organization, number of staff, 
remuneration and other necessary matters of the secretariat and research 
office. 
<Amended by Presidential Decree No. 15081, Jun. 29, 1996> 
Article 40 Budget and Settlement of Accounts 
(1) The Committee shall prepare the programs of business and draft budget of 
the following business year before the expiry of each business year, and submit 
them to the Minister of Culture and Tourism for approval. 
<Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential 
Decree No. 15081, Jun. 29, 1996> 
(2) The Committee shall prepare each business year a performance record and 
a statement of accounts and submit them to the Minister of Culture and Tourism 
within sixty days after the expiry of the current business year. 
<Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential 
Decree No. 15081, Jun. 29, 1996> 
(3) The Minister of Culture and Tourism may have the Committee report on its 
work or submit relevant materials to him if it is deemed necessary. <Newly IP/N/l/KORlC/l 
Page 71 
Inserted by Presidential Decree No. 13633, Apr. 25, 1992; Presidential Decree 
No. 15081, Jun. 29, 1996> 
Article 41 Fees 
The person who applies for a approval, permit, report, registration, transcript or 
inspection shall pay a fee as prescribed by the Ordinance of the Ministry of 
Culture and Tourism. 
<Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential 
Decree No. 13869, Mar. 6, 1993; Presidential Decree No. 14304, Jun. 3D, 
1994> 
ADDENDUM 
This Decree shall come into force on and after July 1, 1987; provided that the 
provisions of Paragraph (2) of Article 7 and Article 9 shall come into force on 
and after the date on which the Universal Copyright Convention comes into 
effect in the Republic of Korea. 
ADDENDUM <January 3, 1890> 
Article 1 (Date of Enforcement) 
This Decree shall come into force on and after the date of its promulgation. 
Articles 2 and 3 Article Omitted. 
ADDENDUM <December 1, 1990> 
Article 1 (Date of Enforcement) 
This Decree shall come into force on and after the date of its promulgation 
(Proviso Omitted). 
Articles 2 to 4 Omitted. 
ADDENDUM <April 8, 1991 > 
Article 1 (Date of Enforcement) 
This Decree shall come into force on and after April 9, 1991. 
Articles 2 to 8 Omitted. IP/N/1/KORlCIl 
Page 72 
ADDENDUM <April 25, 1992> 
This Decree shall come into force on and after the date of its promulgation. 
ADDENDUM <March 6, 1993> 
Article 1 (Date of Enforcement) 
This Decree shall come into force on and after the date of its promulgation. 
Articles 2 to 4 Omitted. 
ADDENDUM <June 30, 1994> 
Article 1 (Date of Enforcement) 
This Decree shall come into force on and after July 1, 1994. 
Article 2 (Interim Measures Concerning Report of Copyright Management 
Services) 
The person who has obtained permit for copyright management services as an 
agent or intermediary under the previous provisions at the date this Decree has 
come into force shall be considered to have obtained the permit for copyright 
management services as an agent or intermediary under this Decree. 
ADDENDUM <July 23, 1994> 
Article 1 (Date of Enforcement) 
This Decree shall come into force on and after July 25, 1994. 
Articles 2 to 8 Omitted. 
ADDENDUM <October 4, 1994> 
Article 1 (Date of Enforcement) 
This Decree shall come into force on and after the date of its promulgation 
Articles 2 to 3 Omitted. 
ADDENDUM <June 29, 1996> 
This Decree shall come into force on and after July 1, 1996.