COPYRIGHT ACT 
 
Wholly Amended by Act No. 8101, Dec. 28, 2006  
Amended by Act No. 8852, Feb. 29, 2008  
Act No. 9529, Mar. 25, 2009  
Act No. 9625, Apr. 22, 2009  
Act No. 9785, Jul. 31, 2009  
Act No. 10807, Jun. 30, 2011  
Act No. 11110, Dec. 2, 2011  
CHAPTER Ⅰ GENERAL PROVISIONS  
Article 1 (Purpose)  
The purpose of this Act is to protect the rights of authors and the rights neighboring on them and to promote 
fair use of works in order to contribute to the improvement and development of culture and related industries.  
<Amended by Act No. 9625, Apr. 22, 2009>  
Article 2 (Definitions)  
The terms used in this Act shall be defined as follows:  <Amended by Act No. 9625, Apr. 22, 2009; Act No. 10807, 
Jun. 30, 2011; Act No. 11110, Dec. 2, 2011>  
1. The term “work” means a crea tive work that expresses human thoughts and emotions;  
2. The term “author” means a person who has created a work;  
3. The term “public performance ” means to open to the public works, stage performances, music records or 
broadcasting by staging, playing, sin ging, orally narrating, reciting, screening, reproducing or other 
methods, including transmission (excluding forwarding) made in the connected premises in the 
possession of the same person;  
4. The term “performer ” means a person who gives a stage performan ce by expressing works through 
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Page 3acting, dancing, playing, singing, orally narrating, reciting or other artistic methods or by expressing 
things other than works in a similar way, including a person who conducts, directs or supervises a stage 
performance;  
5. The term “music record ” means that sound (referring to voice and sound; hereinafter the same shall 
apply) is fixed in a material object (excluding the one in which sound is fixed along with images);  
6. The term “music record producer ” means a person who m akes an overall plan and takes charge of fixing 
sound into music records;  
7. The term “public transmission ” means transmitting works, stage performances, music records, 
broadcasting or database (hereinafter referred to as “works, etc. ”) by means of radio c ommunication or 
wire communication so that the public may receive them or have access to them;  
8. The term “broadcasting ” means transmitting sound, image, or sound and image so that the public may 
receive it at the same time among the public transmission;  
8-2. The term "coded broadcasting signal" means electronically encrypted broadcasting signals to prevent 
or hinder a broadcasting service provider or a person who has obtained consent from a broadcasting 
service provider from receiving broadcasting (limited to broadcasting by means of radio or satellite 
communications) without legitimate authority;  
9. The term “broadcasting service provider ” means a person who engages in broadcasting business;  
10. The term “forwarding”  means to provide works, etc. for  use so that the members of the public may have 
access at the time and place of their own choice among the public transmission, including transmission 
to be done accordingly;  
11. The term “digital audio transmission ” means the transmission of sound in the digital form initiated at the 
request of the members of the public for the purpose of having the public receive simultaneously among 
the public transmission, excluding forwarding;  
12. The term “digital audio transmission service provider ” means a person wh o engages in digital audio 
transmission business;  
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Page 413. The term “cinematographic work ” means a creative production in which a series of images (regardless 
of whether accompanied by sound) are recorded, and which may be seen or concurrently seen and 
heard th rough a reproduction by mechanical or electronic devices;  
14. The term “producer of cinematographic works ” means one who plans and takes responsibility for the 
whole in the production of cinematographic works;  
15. The term “works of applied art ” means the artistic works that may be copied on the goods in the same 
shapes, and whose originality may be recognized apart from the relevant applied goods, and that include 
designs, etc.;  
16. The term “computer program work ” means a creation expressed in a series of  instructions and orders 
which are directly or indirectly applied within devices (hereinafter referred to as “computer ”) having a 
capability of information processing, such as a computer, in order to obtain specific results;  
17. The term “compiled matters ” means the collections of works, symbols, letters, sounds, images and 
other forms of data (hereinafter referred to as “subject matters ”), but shall include the database;  
18. The term “compilation works ” means the compiled matters which are of creative natu re in terms of 
selection, arrangement or composition of their subject matters;  
19. The term “database ” means the compiled matters whose subject matters are systematically arranged 
or composed, so that they may be individually approached or retrieved;  
20. The term “producer of database ” means one who has made human or physical investments 
considerably in the production of database, or in the renewal, verification or supplement of their subject 
matters (hereinafter referred to as “renewal, etc. ”); 
21. The term “joint works ” means the works jointly created by two or more persons, and of which the 
portion of respective contribution may not be utilized by taking it apart;  
22. The term “reproduction ” means a fixing on a tangible object temporarily or permanently or a remaking 
by means of printing, photographing, copying, sound or visual recording, or other means; in cases of 
architectural structures, it means to execute construction works in accordance with the models or plans 
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Page 5for the relevant construction works;  
23. The term “distribution ” means a transfer or rental of the original or its reproduction of the works, etc. to 
the public with or without payment;  
24. The term “publication”  means a reproduction and distribution of the works or music records for the 
dema nd of the public;  
25. The term “making it public ” means to make the works open to the public by means of public 
performance, broadcasting, or exhibition and by other means, and to publish the works;  
26. The term “copyright trust management business ” means a business which continuously manages rights, 
after being entrusted by the holder of author ’s property right, holder of exclusive publication right, holder 
of publication right, holder of neighboring right or a person who has the right of a database produc er, 
including the case of comprehensive representation regarding the utilization of works, etc.;  
27. The term “copyright agency and brokerage business ” means a business which represents or 
intermediates the utilization of rights for the holder of author ’s property right, holder of exclusive 
publication right, holder of publication right, holder of neighboring right or a person who has the right of a 
database producer;  
28. The term “technical protection measures ” means either of the following measures:  
(a) Technical measures taken by a right holder or a person who has obtained the said holder ’s consent, in 
order to effectively prevent or control the access to works, etc. protected under this Act, in relation to 
the exercise of copyright or other rights protec ted pursuant to this Act;  
(b) Technical measures taken by a right holder or a person who has obtained the said holder's consent in 
order to effectively prevent or control the act of infringing on copyright or other rights protected 
pursuant to this Act;  
29. The term “rights management information ” means any of the following information or the numerals or 
symbols indicating the said information, where each information is attached to the original or 
reproduction of the works, etc. protected by copyright or ot her rights protected pursuant to this Act, or is 
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Page 6accompanied with the public performance, execution or public transmission:  
(a) Information to identify the works, etc.;  
(b) Information to identify a person who has copyright or other rights protected pursuant to this Act;  
(c) Information relating to the methods and conditions of utilizing the works, etc.;  
30. The term “online service provider ” means either of the following persons:  
(a) A person who transmits the works, etc. selected by users to deliver such works, etc. without any 
modification of their content through the information and communications networks (referring to the 
information and communications networks under Article 2 (1) 1 of the Act on Promotion of Information 
and Communications Network Utilization and Information Protection, etc.; hereinafter the same shall 
apply) between the points designated by users, who designates a route or who provides connections;  
(b) A person who provides the services to allow users to access the information and communications 
networks or reproduce or forward the works, etc. via the information and communications networks, or 
who provides or operates the installations therefor;  
31. The term “professional work ” means a work made out professionally by a person engaged in the duty 
of a juristic person, organization or other employers (hereinafter referred to as “juristic person, etc. ”) 
according to the plan of the juristic person, etc. ; 
32. The term “public” means many and unspecified persons (including many and specified persons);  
33. The term “authentication ” means to verify the lawful holder of right for permission, etc. to utilize the 
works, etc.;  
34. The term “reverse engineering o f program code ” means to reproduce or convert computer program 
work code in order to obtain information necessary for compatibility of independently created computer 
program works with other computer programs;  
35. The term "label" means a sign to be attached, enclosed or added, or a sign devised for such purposes, 
to tangible reproductions, packages or documents of works, etc. in order to indicate that such 
reproductions have been produced with legitimate authority;  
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Page 736. The term "movie theater, etc." means movie theaters, premier theaters or other places to screen 
cinematographic works to the public, the entrance to which is controlled by a person who screen such 
works.  
Article 2 -2 (Formulation of Measures for Protection of Copyright)  
(1) The Minister of Culture, Sports and Tourism may formulate and execute the following measures to achieve 
the purposes of this Act:  
1. Matters concerning a basic policy for the protection of copyright and creation of an environment for fair 
use of works;  
2. Matters concerning education and public relations for raising public awareness of copyright;  
3. Matters concerning policies for the rights management information of works, etc. and for technical 
protection measures thereof.  
(2) Matters necessary for formulation and execution of measures pursuant to paragraph (1) shall be prescribed 
by Presidential Decree.  
[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]  
Article 3 (Foreigners ’ Works)  
(1) Foreigners ’ works shall be protected in accordance with the treaties which the  Republic of Korea has 
acceded to or concluded.  
(2) The works of foreigners who permanently reside in the Republic of Korea (including Stateless persons and 
foreign juristic persons whose principal offices are located in the Republic of Korea), or foreigne rs’ works 
which are first made public in the Republic of Korea (including works made public in the Republic of Korea 
within 30 days after their making public in a foreign country) shall be protected under this Act.  
(3) Even when foreigners ’ (excluding fore igners residing in the Republic of Korea at ordinary times and 
Stateless persons; hereafter the same shall apply in this Article) works are to be protected under paragraphs 
(1) and (2), but if the relevant foreign country does not protect the works of the nationals of the Republic of 
Korea, their protection under treaties and this Act may be correspondingly restricted. <Amended by Act No. 
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Page 810807, Jun. 30, 2011>  
(4) Even in cases of foreigners' works protected pursuant to paragraphs (1) and (2), where the period of 
protection has expired in the relevant foreign country, the period of protection under this Act shall not be 
recognized. <Newly Inserted by Act No. 10807, Jun. 30, 2011>  
 
CHAPTER Ⅱ COPYRIGHT  
SECTION 1 Works  
Article 4 (Examples of Works)  
(1) The following shall be the examples of works referred to in this Act:  
1. Novels, poems, dissertations, lectures, recitations, plays and other literary works;  
2. Musical works;  
3. Theatrical works including dramas, dances, pantomimes, etc.;  
4. Paintings, calligraphic works, sculptures, engraving, crafts, works of applied art, and other artistic works;  
5. Architectural works including buildings, architectural models and design drawings;  
6. Photographic works (including those made by similar methods);  
7. Cinematographic works;  
8. Maps, charts, design drawings, sketches, models and other diagrammatic works;  
9. Computer program works.  
(2) Deleted.  <by Act No. 9625, Apr. 22, 2009>  
Article 5 (Derivative Works)  
(1) A creative work produced by means of translation, arrangement, alteration, dramatization, cinematization, 
etc. of an original work (hereinafter referred to as a “derivative work ”) shall be protected as an independent 
work. 
(2) The protection of a derivative work shall not affect the rights of the author of the original work.  
Article 6 (Compilation Works)  
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Page 9(1) Compilation works shall be protected as independent works.  
(2) The protection of compilation works shall not affect the copyright of subject matters and other rights 
protected under this Act which form constituent parts of the relevant compilation works.  
Article 7 (Works Not Protected)  
No work which falls under any of the following subparagraphs shall be protected under this Act:  
1. Constitution, Acts, treaties, orders, municipal ordinances and municipal rules; 
2. Bulletins, public notifications, directives and others similar thereto which are issued by the State or local 
governments;  
3. Judgments, decisions, orders, or adjudications of courts, as well as resolutions and decisions made by 
the administrative appeals procedures, or other similar procedures;  
4. Compilations or translations of those as referred to in subparagraphs 1 through 3 which are produced by 
the State or local governments;  
5. Current news reporting which is the mere delivery of facts.  
 
SECTION 2 Authors  
Article 8 (Presumption of Authors, etc.)  
(1) Any person who falls under either of the following subparagraphs shall be presumed to have the copyright 
for his/her works as an author: <Amended by Act No. 10807, Jun. 30, 2011>  
1. A person whose name widely known as real name or second name (referring to the stage name, pen 
name, abbreviated name, etc.; hereinafter the same shall apply) is indicated in a usual manner on the 
original works or their reproductions as the author ’s name;  
2. A person whose real name or well-known second name is indicated as the author ’s name where the work 
is performed or transmitted in public.  
(2) If a work is void of an indication of the author which falls under any of the subparagraphs of paragraph (1), 
the person who is indicated as a publisher, public performer or public announcer shall be presumed to have 
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Page 10the copyright.  <Amended by Act No. 9625, Apr. 22, 2009>  
Article 9 (Author of Professional Works)  
When a professional work is made public in the name of a juristic person, etc., its author shall be the 
relevant juristic person, etc., unless otherwise stipulated in the contract or work regulation, etc.: Provided, 
That in cases of a computer program work (hereinafter referred to as “program”), its public announcement i s 
not required.  <Amended by Act No. 9625, Apr. 22, 2009>  
Article 10 (Copyright)  
(1) The author shall hold the rights under Articles 11 through 13 (hereinafter referred to as "author's moral right") 
and the rights falling under Articles 16 through 22 (hereinafter referred to as "author's property right").  
(2) A copyright shall commence from the time of its creation, and shall not require a fulfillment of any procedures 
or formalities. 
 
SECTION 3 Author ’s Moral Right  
Article 11 (Right of Disclosure)  
(1) The author shall have the right to decide whether or not to make his/her work public.  
(2) If the author has transferred his/her property right on a work which is not yet made public pursuant to Article 
45, permitted its use pursuant to Article 46, established a right of exclusive publication on it pursuant to 
Article 57 or established a right of publication on it pursuant to Article 63, he/she shall be presumed to have 
given the other party his/her consent to make it public.  <Amended by Act No. 9625, Apr. 22, 2009; Act No. 11110, 
Dec. 2, 2011>  
(3) If the author has transferred by assignment the original of his/her work of art, architectural work or 
photographic work (hereinafter referred to as “work of art, etc. ”) which has not been made public, he/she 
shall be presumed to have given the other party his/her consent to make it public in the manner of exhibition.  
(4) If a derivative work or compilation work has been made public with the consent of the author, its original 
shall be also considered to have been made public.  
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Page 11(5) Where the author donates his/her pieces of work, etc. that remains unpublished to libraries, etc. under 
Article 31, it shall be presumed that he/she consents to making them public at the time of his/her donation 
unless otherwise expressly stated. <Newly Inserted by Act No. 11110, Dec. 2, 2011>  
Article 12 (Right of Attribution)  
(1) The author shall have the right to indicate his/her real name or second name on the original or reproduction 
of his/her work, or on the medium of publication by which his/her work is made public.  
(2) Unless otherwise expressly stated by the author, the person using his/her work shall indicate the author ’s 
name in accordance with the author ’s manner of indicating his/her real name or second name: Provided, 
That the same shall no t apply where deemed unavoidable in the light of the nature of a work as well as the 
purpose and manner of its utilization.  
Article 13 (Right of Integrity)  
(1) The author shall have a right to maintain the integrity of the content, form and title of his/her work.  
(2) No author shall raise an objection to a modification falling under any of the following subparagraphs: 
Provided, That the same shall not apply to the modifications of substantial contents:  <Amended by Act No. 
9625, Apr. 22, 2009>  
1. In cases of using a work pursuant to Article 25, the modification of expression within the limit as deemed 
unavoidable for the purpose of school education;  
2. Extension, rebuilding or other modifications of an architectural structure;  
3. Modification within the necessary limit so that a program which may not be used for computers other than 
a specific computer may be used for other computers;  
4. Modification within the necessary limit so that a program may be used for a specific computer even more 
effectively;  
5. 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 utilization.  
Article 14 (Inalienability of Author ’s Moral Right)  
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Page 12(1) Author ’s moral rights shall belong exclusively to the author.  
(2) Even after the death of the author, no person who utilizes his/her work shall commit an act which would be 
prejudicial to author ’s moral rights if he/she were alive: Provided, That such act is deemed to have not 
defamed the honor of the author in the light of the nature and extent of the act, and in view of the prevailing 
social norms, the same shall not apply.  
Article 15 (Author ’s Moral Right to Joint Work)  
(1) Author ’s moral right to a joint work may not be exercised without the unanimous agre ement of all the authors 
concerned. In such cases, 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 under paragraph (2), if any, shall not be effective against a bona 
fide third person.  
 
SECTION 4 Author ’s Property Right  
Sub-Section 1 Kinds of Author ’s Property Rights  
Article 16 (Right of Reproduction)  
The author shall have the right to reproduce his/her work.  
Article 17 (Right of Public Performance)  
The author shall have the right to perform his/her work publicly.  
Article 18 (Right of Public Transmission)  
The author shall have the right to transmit his/her work in public.  
Article 19 (Right of Exhibition)  
The author shall have the right to exhibit the original or reproduction of his/her work of art, etc.  
Article 20 (Right of Distribution)  
The author shall have the right to distribute the original or reproduction of his/her work: Provided, That the 
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Page 13original or reproduction of the work has been offered to a deal by means of sale, etc. with permission of the 
relevant holder of author ’s property right, the same shall not apply.  <Amended by Act No. 9625, Apr. 22, 2009>  
Article 21 (Right of Lease)  
The author shall have the right to lease the commercial music records or programs for the purpose of profit-
making notwithstanding the proviso to Article 20.  <Amended by Act No. 9625, Apr. 22, 2009>  
Article 22 (Right of Production  of Derivative Works)  
The author shall have the right to produce and utilize a derivative work based on his/her original work.  
Sub-Section 2 Limitation on Author ’s Property Right  
Article 23 (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 the same shall not 
apply where such reproduction unreasonably prejudice the interests of the holder of author ’s property right in 
the light of the kinds of work as well as the number of copies and the forms of reproduction.  
Article 24 (Use of Political Speech, etc.)  
Political speeches delivered in public and statements made in public in the court, the National Assembly or 
local councils may be utilized in some way or other: Provided, That the speeches and statements of the 
same author are utilized after compilation, the same shall not apply.  
Article 25 (Use for Purpose of School Education)  
(1) A work already made public may be reproduced in textbooks to the extent deemed necessary for the 
purpose of education at high schools, their equivalents or lower level schools.  
(2) Schools established by special Acts, the Early Childhood Education Act, the Elementary and Secondary 
Education Act, or the Higher Education Act, educational institutions which are operated by the State or local 
governments and education supporting institutions belonging to the State or local governments to support 
lessons of those educational institutions may reproduce, distribute, perform in public, broadcast or forward 
part of the works already made public where it is recognized as necessary for the lessons and for the 
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Page 14purpose of support thereof: Provided, That it is inevitable to use all of the work in view of the character of the 
work, the purpose, form, etc. of the work, they may utilize all of the work.  <Amended by Act No. 9625, Apr. 22, 
2009>  
(3) Those who receive education at an educational institution pursuant to the provisions of paragraph (2) may 
reproduce or forward the works made public within the extent of paragraph (2) where it is recognized as 
necessary for the purpose of education.  
(4) Any person who intends to utilize a work pursuant to paragraphs (1) and (2) shall pay the relevant holder of 
author's property right the compensation money according to the standards stipulated and announced by the 
Minister of Culture, Sports and Tourism: Provided, That the reproduction, distribution, public performance, 
broadcasting or forwarding of a work pursuant to paragraph (2) is done at high schools, their equivalents or 
lower level schools, no compensation thereof shall be paid.  <Amended by Act No. 8852, Feb. 29, 2008; Act No. 
9625, Apr. 22, 2009>  
(5) The right to receive compensation pursuant to paragraph (4) shall be exercised through an organization 
meeting the requirements in the following subparagraphs, which has been designated by the Minister of 
Culture, Sports and Tourism. When the Minister of Culture, Sports and Tourism designates an organization, 
he/she shall obtain prior consent from the organization:  <Amended by Act No. 8852, Feb. 29, 2008>  
1. Organization comprised of persons who have the right to receive compensation within the Republic of 
Korea (hereinafter referred to as "holder of right to compensation");  
2. That it shall not aim at profit-making;  
3. That it shall be fully capable of performing the duties of collection, distribution, etc. of compensation 
money.  
(6) When there is an application from the holder of a right to compensation who is not a member of the 
organization, the organization under paragraph (5) shall not refuse to exercise the right for him/her. In such 
cases, the organization shall have the authority to perform an act in its own name in court or out of court 
regarding the right.  
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Page 15(7) Where the organization under paragraph (5) falls under any of the following subparagraphs, the Minister of 
Culture, Sports and Tourism may revoke the designation:  <Amended by Act No. 8852, Feb. 29, 2008>  
1. When it has come to fall short of the requirements under paragraph (5);  
2. When it has violated regulations defining the duties on compensation;  
3. When it is apprehended to harm the interest of the holder of right to compensation as it has suspended 
the duties on compensation for a considerable period of time.  
(8) The organization under paragraph (5) may use the compensation that has been left undistributed for three 
years from the date of public announcement of compensation distribution for the purpose of public interest 
with approval of the Minister of Culture, Sports and Tourism.  <Amended by Act No. 8852, Feb. 29, 2008>  
(9) Matters necessary for the designation and revocation of a organization under paragraphs (5), (7) and (8), 
and work regulations, public announcement of compensation distribution, approval for use of undistributed 
compensation for the purpose of public interest, etc. shall be prescribed by Presidential Decree.  
(10) Where an educational institution performs forwarding pursuant to the provisions of paragraph (2), it shall 
take necessary measures prescribed by Presidential Decree, such as the measures to prevent reproduction, 
in order to prevent infringement of copyright or other rights protected pursuant to this Act.  
 
Article 26 (U se for Current News Reporting)  
In cases of reporting current events by means of broadcasting, newspapers or by other means, it shall be 
permissible to reproduce, distribute, perform publicly, transmit publicly a work seen or heard in the relevant 
courses, to the extent justified by the reporting purpose.  
Article 27 (Reproduction, etc. of Current News Articles or Editorials)  
Current new articles or editorials inserted in the newspapers and Internet newspapers under Article 2 of the 
Act on the Promotion of Newspapers, etc. or the news agencies under Article 2 of the Act on the Promotion 
of News Agency may be reproduced, distributed or broadcasted by other media organizations: Provided, 
That there is an indication prohibiting the use thereof, the same shall not apply.  <Amended by Act No. 9785, Jul. 
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Page 1631, 2009>  
Article 28 (Quotation from Works Made Public)  
Works already made public may be quoted for news report, criticism, education, research, etc., in 
compliance with the fair practices within the reasonable extent.  
Article 29 (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 receiving any benefit under any pretext in return from audience, spectators or third persons: 
Provided, That the same shall not apply to cases where the stage performers are paid any normal 
remunerations.  
(2) It shall be permissible to reproduce and play for the general public any commercial music records or 
cinematographic works, if no benefit in return for the relevant public performance is received from audience 
or spectators: Provided, That the same shall not apply to the cases as prescribed by Presidential Decree.  
Article 30 (Reproduction for Private Use)  
It shall be permissible for a user to reproduce in private, without any commercial purposes, a work already 
made public, within the limit of personal, family or the equivalent use: Provided, That this shall not apply to 
the case of reproductions by copying apparatus installed for the use by the general public.  
Article 31 (Reproductions, etc. in Libraries, etc.)  
(1) Libraries under the Libraries Act and the facilities prescribed by Presidential Decree (including the heads of 
relevant facilities; hereinafter referred to as "libraries, etc.") among facilities which provide books, documents, 
records and other materials (hereinafter referred to as "books, etc.") designed for public access, may 
reproduce the works by utilizing books, etc. held by the relevant libraries, etc. (including the books, etc. 
reproduced by or transmitted to the relevant libraries, etc. under the provisions of paragraph (3), in cases of 
subparagraph 1) when it falls under any of the following subparagraphs: Provided, That they shall not 
reproduce the works in digital form in the cases of subparagraphs 1 and 3:  
1. Where a copy of a part of the books, etc. already made public is provided one per person at the request 
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Page 17of a user with the purpose of research and study;  
2. Where it is necessary to make a self preservation of books, etc.;  
3. Where a reproduction of books, etc., which are hard to obtain due to out of print or other equivalent 
causes, is made and provided to other libraries, etc., at their request, for their preservation purposes.  
(2) The libraries, etc. may reproduce or transmit the books, etc. held thereby so as to have the users peruse 
them within the relevant libraries, etc. by utilizing computers. In such cases, the number of users allowed to 
peruse simultaneously shall not exceed the number of copies of the books, etc. held by said libraries, etc. or 
of those for which permission for use has been obtained from the person holding copyright and other rights 
protected under this Act.  <Amended by Act No. 9625, Apr. 22, 2009>  
(3) The libraries, etc. may reproduce or transmit the books, etc. held by them so as to have the users peruse 
them inside other libraries, etc. by utilizing computers: Provided, That the same shall not apply where the 
whole or part of books, etc. are published for commercial purposes, and five years have not passed from the 
date of their publication.  <Amended by Act No. 9625, Apr. 22, 2009>  
(4) In making any reproductions of the books, etc. under paragraph (1) 2 and those of the books, etc. under 
paragraphs (2) and (3), if the said books, etc. are sold in digital form, the libraries, etc. shall be prohibited 
from reproducing them in digital form.  
(5) Where the libraries, etc. reproduce the books, etc. in digital form under paragraph (1) 1, and where they 
reproduce or transmit the books, etc. pursuant to paragraph (3) so as to make them available for perusal 
inside other libraries, etc., they shall pay the compensation money to the holder of author's property right 
under the standards determined and published by the Minister of Culture, Sports and Tourism: Provided, 
That the same shall not apply to the case of books, etc. for which the holders of author's property right are 
the State, local governments or schools under Article 2 of the Higher Education Act (excluding the whole or 
part of books, etc. which have been published for commercial purposes).  <Amended by Act No. 8852, Feb. 29, 
2008>  
(6) The provisions of Article 25 (5) through (9) shall apply mutatis mutandis to the payment, etc. of 
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Page 18compensation money under paragraph (5).  
(7) Where the libraries, etc. reproduce or transmit the books, etc. in digital form pursuant to paragraphs (1) 
through (3), they shall take necessary measures prescribed by Presidential Decree, such as those to 
prevent any reproduction, in order to prevent any infringements on copyright and other rights protected 
under this Act.  
(8) Where the National Library of Korea collects online materials to preserve pursuant to Article 20-2 of the 
Libraries Act, it may reproduce the relevant materials.  <Newly Inserted by Act No. 9529, Mar. 25, 2009>  
Article 32 (Reproduction for Examination Questions)  
It shall be permissible to reproduce or distribute a work already made public in questions of entrance 
examinations or other examinations of knowledge and skills, within the reasonable extent deemed 
necessary for that purpose: Provided, That where it is for profit-making purposes, the same shall not apply.  
<Amended by Act No. 9625, Apr. 22, 2009>  
Article 33 (Reproduction, etc. for Visually Handicapped, etc.)  
(1) It shall be permissible to reproduce the works already made public in braille, and distribute them for the 
visually handicapped, etc.  
(2) It shall be permissible for the facilities prescribed by Presidential Decree (including the heads of relevant 
facilities) from among those for the promotion of welfare of the visually handicapped, etc. to make a sound 
recording of the literary works already made public, for the purpose of offering it for the use by the visually 
handicapped, etc., but not for the profit-making purpose, or to reproduce, distribute or transmit them by an 
exclusive recording method for the visually handicapped, etc. prescribed by Presidential Decree.  <Amended 
by Act No. 9529, Mar. 25, 2009>  
(3) The scope of the visually handicapped, etc. under paragraphs (1) and (2) shall be prescribed by Presidential 
Decree.  
Article 34 (Temporary Sound or Video Recordings by Broadcasting Service Providers)  
(1) Broadcasting service providers who have the authority to broadcast works may make temporary sound or 
IP/N/1/KOR/C/4 
Page 19video recordings of a work for the purpose of their own broadcasting and by means of their own facilities.  
(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: Provided, That they are kept as materials for public records at places 
prescribed by Presidential Decree, the same shall not apply.  
Article 35 (Exhibit ion or Reproduction of Works of Art, etc.)  
(1) The holder of the original of a work of art, etc., or a person who has obtained the holder ’s consent, may 
exhibit the work in its original form: Provided, That where the work of art is to be permanently exhibi ted on 
the street, in the park, on the outside of the wall of a building, or other place open to the public, the same 
shall not apply.  
(2) Works of art, etc. exhibited at all times at an open place as referred to in the proviso to paragraph (1) may be 
reproduced by any means: Provided, That in any of the following cases, the same shall not apply:  
1. Where a building is reproduced into another building;  
2. Where a sculpture or painting is reproduced into another sculpture or painting;  
3. Where the reproduction is made in order to exhibit permanently at an open place under the proviso to 
paragraph (1);  
4. Where the reproduction is made for the purpose of selling its copies.  
(3) A person who exhibits works of art, etc. pursuant to paragraph (1), or who intends to sell originals of works of 
art, etc., may reproduce and distribute them in a pamphlet for the purpose of explaining or introducing them.  
(4) No portrait nor a similar photographic work produced by commission shall be used without the consent of the 
commissioner.  
Article 35 -2 (Temporary Reproduction in Course of Using Works, etc.)  
Where a person uses works, etc. on a computer, he/she may temporarily reproduce such works, etc. in that 
computer to the extent deemed necessary for the purpose of smooth and efficient information processing: 
Provided , That this shall not apply where the use of such works, etc. infringes on copyright.  
[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]  
IP/N/1/KOR/C/4 
Page 20Article 35 -3 (Fair Use of Works, etc.)  
(1) Except as provided in Articles 23 through 35-2 and 101-3 through 101-5, where a person does not unduly 
harm an author's legitimate profits without conflicting with the usual method of using works, etc., he/she may 
use such works, etc. for the purposes of coverage, criticism, education, research, etc.  
(2) In determining whether an act of using works, etc. falls under paragraph (1), the following matters shall be 
considered:  
1. Purposes and characters of use, such as for-profit or non-profit;  
2. Types and uses of works, etc.;  
3. Proportions of used parts in the entire works, etc. and their importance;  
4. Influence of the use of works, etc. over the current market or value or potential market or value of such 
works, etc.  
[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]  
Article 36 (Use by Means of Translation, etc.)  
(1) If a work is used under Article 25, 29, 30 or 35-3, the work may be used by means of translation, 
arrangement or adaptation. <Amended by Act No. 11110, Dec. 2, 2011>  
(2) If a work is used under Article 23, 24, 26, 27, 28, 32 or 33, the work may be used by means of translation. 
<Amended by Act No. 11110, Dec. 2, 2011>  
Article 37 (Indication of Sources)  
(1) A person who uses a work under this Sub-section shall indicate its sources: Provided , That the same shall 
not apply to the cases of Articles 26, 29 through 32, 34 and 35- 2. <Amended by Act No. 11110, Dec. 2, 2011>  
(2) The sources shall be clearly indicated in the manner and to the extent deemed reasonable by the situation in 
which the work is used, and in cases of a work which bears the author ’s real name or second name, such 
real name o r second name shall be indicated.  
Article 37 -2 (Exclusion from Application)  
Articles 23, 25, 30 and 32 shall not apply to programs.  
IP/N/1/KOR/C/4 
Page 21[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]  
Article 38 (Relationship with Author ’s Moral Rights)  
No provisions of each Article of this Sub-section may be interpreted as affecting author ’s moral rights.  
Sub-Section 3 Protection Period of Author ’s Property Right  
Article 39 (Principles of Protection Period)  
(1) The author ’s property right to a work shall continue to exist during the lifetime of an author and until the end 
of a period of 70 years after the death of the author, unless otherwise provided in this Sub -section. 
<Amended by Act No. 10807, Jun. 30, 2 011> 
(2) The author ’s property right to a joint work shall continue to exist for a period of 70 years after the death of 
the last surviving author. <Amended by Act No. 10807, Jun. 30, 2011>  
Article 40 (Protection Period of Anonymous and Pseudonymous Works)  
(1) The author ’s property right to a work that is unnamed or bears the second name which is not widely known 
shall continue to exist for a period of 50 years after it has been made public: Provided, That within such 
period, if there are reasonable grounds  for recognizing that 50 years pass after the death of the author, such 
property right shall be deemed to be extinguished at the time when it deems that 50 years pass after the 
death of the author.  
(2) The provisions of paragraph (1) shall not apply to either of the following cases:  
1. Where the real name or the well-known second name of an author is revealed during the period referred 
to in paragraph (1);  
2. Where the real name of an author is registered under Article 53 (1) during the period referred to i n 
paragraph (1).  
Article 40 (Protection Period of Anonymous and Pseudonymous Works)  
(1) The author ’s property right to a work that is unnamed or bears the second name which is not widely known 
shall continue to exist for a period of 70 years after it has b een made public: Provided, That within such 
period, if there are reasonable grounds for recognizing that 70 years pass after the death of the author, such 
IP/N/1/KOR/C/4 
Page 22property right shall be deemed to be extinguished at the time it deems that 70 years pass after the death of 
the author. <Amended by Act No. 10807, Jun. 30, 2011>  
(2) The provisions of paragraph (1) shall not apply to either of the following cases:  
1. Where the real name or the well-known second name of an author is revealed during the period referred 
to in paragraph (1);  
2. Where the real name of an author is registered under Article 53 (1) during the period referred to in 
paragraph (1).  
《Enforcement Date: Jul. 1, 2013 》 
Article 41 (Protection Period of Professional Works)  
The author ’s property right to a professional work shall continue to exist for a period of 50 years after it has 
been made public: Provided, That it has not been made public within 50 years after its creation, the author ’s 
property right shall continue to exist for a period of 50 years af ter its creation. <Amended by Act No. 10807, Jun. 
30, 2011> 《Enforcement Date: Jul. 1, 2013 》 
 
Article 42 (Protection Period of Cinematographic Works)  
Notwithstanding the provisions of Articles 39 and 40, the author ’s property right to cinematographic works  
shall continue to exist for 50 years from the time of being made public: Provided, That they have not been 
made public within 50 years from the time of their creation, the said right shall continue to exist for 50 years 
from the time of creation.  <Amended  by Act No. 9625, Apr. 22, 2009>  
Article 42 (Protection Period of Cinematographic Works)  
Notwithstanding the provisions of Articles 39 and 40, the author ’s property right to cinematographic works 
shall continue to exist for 70 years from the time of being made public: Provided, That they have not been 
made public within 70 years from the time of their creation, the said right shall continue to exist for 70 years 
from the time of creation.  <Amended by Act No. 9625, Apr. 22, 2009; Act No. 10807, Jun. 30, 2011 > 
《Enforcement Date: Jul. 1, 2013 》 
IP/N/1/KOR/C/4 
Page 23Article 43 (Time when Serial Publications, etc. have been Made Public)  
(1) In cases of works which are made public in the form of volumes, issues, or installments or in cases of works 
which are completed by making public in parts in a successive manner, the time when a work has been 
made public pursuant to Article 40 (1) or 41 shall be determined by making public of each volume, issue or 
installment or by  making public of the last part. <Amended by Act No. 10807, Jun. 30, 2011> 
(2) In cases 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 paragraph (1) if the next part is not made public 
before the expiration of a period of three y ears following the making public of the preceding part. 
Article 44 (Co mmencement of Protection Period) 
The protec tion period of author’s property right prescribed under this Sub-section shall commence from the 
beginning of the year following the date wh en the author dies, the work is created, or is made public. 
Sub-Sectio n 4 Trans fer, Exercise  and Expiry of Author’s Property Right 
Article 45 (Transfer of Author’s Property Right) 
(1) Au thor’s property right may be transferred by assignment in whole or in part. 
(2) Where author’s property right is transferred by assignment in whole, the right of the production and use of a 
derivative work under Article 22 shall be presumed not to be included in the transfer, unless otherwise 
stipulated: Provided, That in cases of a program,  the right of produc tion of a derivative work shall be 
presumed to have been transferred together unless otherwise stipulated. <Amended by Act No. 9625, Apr. 22, 
2009>  
Article 46 (Authorization to Exploit Works) 
(1) The holder of author’s property right may grant  another person authorization to exploit the work. 
(2) The person who obtained such authorization pursuant to paragraph (1) shall be entitled to exploit the work in 
such a manner and  within the limit of such conditions so authorized. 
(3) The right of exploitation as authorized under paragr aph (1) may not be transferred by assignment to the third 
party without the consent of the holder of author’s property right. 
IP/N/1/KOR/C/4 
Page 24Article 47 (Exercise, etc. of Right of Pledge on Author ’s Property Right)  
(1) The right of pledge on the author ’s property right may be exercised with respect to money or  other goods to 
be received by the holder of author ’s property right as a result of a transfer of the author ’s property right or 
utilization of the work (including remuneration for the establishment of the right of exclusive publication 
under Article 57 an d the right of publication under Article 63): Provided , That the money or other goods shall 
be seized before payment or delivery.  <Amended by Act No. 9625, Apr. 22, 2009; Act No. 11110, Dec. 2, 2011>  
(2) The author ’s property right which has become the object of the right of pledge shall be exercised by the 
holder of author ’s property right unless otherwise stipulated in the contract of establishment of the right of 
pledge.  <Newly Inserted by Act No. 9625, Apr. 22, 2009>  
Article 48 (Exercise of Author ’s Property Right to Joint Works)  
(1) Author ’s property right to a joint work may not be exercised without the unanimous agreement of all the 
holders of author ’s property right, and no holder of author ’s property right shall be entitled to transfer by 
assignm ent or pledge his/her share of author ’s property right without the consent of the other authors. In 
such cases, each holder may not 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. In such cases, if the degree of each 
contribution is not clear, the profit may be equally apportioned to all the authors.  
(3) The holder of author ’s property right to a joint work may renounce his/her share. In cases of renunciation or 
death of the holder of author ’s property right without heir, his/her share may be apportioned among other 
authors according to the ratio of th eir holding shares.  
(4) The provisions of Article 15 (2) and (3) shall apply mutatis mutandis to the exercise of author ’s property right 
to a joint work.  
Article 49 (Expiry of Author ’s Property Rights)  
Author’s property right shall expire in either of the following cases:  
IP/N/1/KOR/C/4 
Page 251. Where, after the author ’s death without heir, author ’s property right reverts to the State according to 
provisions of the Civil Act and other Acts;  
2. Where, after the dissolution of a juristic person or an organization who is the holder of author ’s property 
right, author ’s property right reverts to the State according to the provisions of the Civil Act and other 
Acts. 
 
SECTION 5 Exploitation of Works Under Legal License  
Article 50 (Exploitation of Works Whose Holder of Author ’s Pro perty Right is Unknown)  
(1) Where any person fails, despite his/her considerable efforts which meet the standards prescribed by 
Presidential Decree, to identify the holder of author ’s property right to a work (excluding foreigners ’ works) 
made public, or h is/her place of residence, and therefore is unable to obtain any authorization for its 
exploitation, he/she may exploit the work with approval of the Minister of Culture, Sports and Tourism as 
prescribed by Presidential Decree, and by depositing a compensa tion money as determined by the Minister 
of Culture, Sports and Tourism.  <Amended by Act No. 8852, Feb. 29, 2008>  
(2) The person who exploits a work pursuant to paragraph (1) shall indicate the fact that the exploitation is made 
with approval and the date when approval is issued.  
(3) When the work legally licensed pursuant to the provisions of paragraph (1) becomes the object of legal 
license again, the procedures of considerable endeavors corresponding to the standards prescribed by 
Presidential Decree pursuant to the provisions of paragraph (1) may be omitted: Provided, That the holder of 
author’s property right raises an objection according to the procedures prescribed by Presidential Decree 
before approval on legal license to the work, the same shall not  apply.  
(4) The Minister of Culture, Sports and Tourism shall post the content of legal license on the information and 
communication network as prescribed by Presidential Decree.  <Amended by Act No. 8852, Feb. 29, 2008>  
Article 51 (Broadcasting of Works Ma de Public)  
Where a broadcasting organization which intends to broadcast a work already made public for the sake of 
IP/N/1/KOR/C/4 
Page 26the public benefit has negotiated with the holder of author ’s property rights but failed to reach an agreement, 
it may broadcast the work wit h approval of the Minister of Culture, Sports and Tourism as prescribed by 
Presidential Decree, and by paying to the holder of author ’s property right or depositing a compensation 
money as determined by the Minister of Culture, Sports and Tourism.  <Amended  by Act No. 8852, Feb. 29, 
2008>  
 
Article 52 (Production of Commercial Music Records)  
If a commercial music record has been sold for the first time in the Republic of Korea and after the expiry of 
a period of three years from the date of the first sale, and if any person who intends to produce a 
commercial music record by recording works already recorded on such music record has negotiated with the 
holder of author ’s property right but failed to reach an agreement, he/she may produce the music record with 
approval of the Minister of Culture, Sports and Tourism as prescribed by Presidential Decree, and by paying 
to the holder of author ’s property right or depositing a compensation money under the standards determined 
by the Minister of Culture, Sports and Tou rism.  <Amended by Act No. 8852, Feb. 29, 2008>  
 
SECTION 6 Registration and Authentication  
Article 53 (Registration of Copyright)  
(1) An author may register any of the following:  
1. Real name, second name (limited to the case where second name is used at the time of making it public), 
nationality, address or residence of an author;  
2. Title, kinds or date of creation of the works;  
3. Whether works made public, and the state in and date on which the works are first made public;  
4. Other matters prescribed by Presidential Decree.  
(2) In the absence of any special intention of the author at his/her death, the person designated by his/her will or 
his/her heir may register the items falling under any of the subparagraphs of paragraph (1).  
IP/N/1/KOR/C/4 
Page 27(3) The person whose real name is registered as the author pursuant to paragraphs (1) and (2) shall be 
presumed to be the author of the registered work, and the work whose date of creation or the date on which 
it has been made public for the first time is registered shall be presumed to have been created or made 
public for the first time on the date it has been registered: Provided, That where the date, month and year of 
creation has been registered after one year passed from the time when a work had been created, it shall not 
be presumed to have been created on the date, month and year registered.  <Amended by Act No. 9625, Apr. 
22, 2009>  
Article 54 (Registration and Effect of Changes in Rights, etc.)  
The following matters may be registered, and shall not bind third parties without their registration: <Amended 
by Act No. 11110, Dec. 2, 2011>  
1. Transfer by assignment of author ’s property right (excluding that by inheritance or other successions in 
gener al), or restriction on the disposal of author ’s property right;  
2. Restriction on establishment, transfer, alteration, extinction or disposal of the right of exclusive publication 
under Article 57 or the right of publication under Article 63;  
3. Restriction on establishment, transfer, alteration, extinction or disposal of the right of pledge, the object of 
which is author ’s property right, the right of exclusive publication under Article 57 and the right of 
publication under Article 63.  
Article 55 (Procedur es, etc. for Registration)  
(1) The registration under Articles 53 and 54 shall be made by the Minister of Culture, Sports and Tourism by 
making an entry in the copyright register (in cases of programs, referring to a program register; hereafter the 
same shall apply in this Article).  <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9625, Apr. 22, 2009>  
(2) Where it falls under any of the following subparagraphs, the Minister of Culture, Sports and Tourism may 
return the application: Provided, That the deficiency in the application can be corrected and the applicant 
corrects it on the day, the same shall not apply:  <Amended by Act No. 8852, Feb. 29, 2008>  
1. Where the matters that have been applied for registration are not fit for registration;  
IP/N/1/KOR/C/4 
Page 282. Where the application for registration does not conform to the form stipulated by Ordinance of the Ministry 
of Culture, Sports and Tourism, or is not accompanied with other necessary materials or documents.  
(3) The Minister of Culture, Sports and Tourism shall publish a registration gazette or post on the information 
and communications network regarding the registration stated on the copyright register pursuant to the 
provisions of paragraph (1), and where there is an applicant, he/she shall have him/her peruse the copyright 
register or deliver copies thereof.  <Amended by Act No. 8852, Feb. 29, 2008>  
(4) Matters necessary for registration under paragraphs (1) through (3), return of application for registration, 
publication of registration gazette or posting, perusal of the copyright register and delivery of copies thereof, 
etc. shall be prescribed by Presidential Decree.  
Article 55 -2 (Confidentiality)  
Any person who conducts registration business pursuant to Articles 53 through 55 and any person who was 
in that post shall not divulge any secret he/she obtained on his/her duty to others.  
[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]  
Article 56 (Authentication of Holder of Right, etc.)  
(1) The Minister of Culture, Sports and Tourism may designate an authentication organization for the security of 
transaction of works, etc. and protection of confidence.  <Amended by Act No. 8852, Feb. 29, 2008>  
(2) Matters necessary for the designation and revocation of the designation of authentication organization, 
authentication procedures, etc. pursuant to paragraph (1) shall be prescribed by Presidential Decree.  
<Amended by Act No. 9625, Apr. 22, 2009>  
(3) The authentication organization under paragraph (1) may collect fees for authentication and the amount 
shall be fixed by the Minister of Culture, Sports and Tourism.  <Amended by Act No. 8852, Feb. 29, 2008> 
 
SECTION 7 Right of Exclusive Publication  
Article 57 (Establishment of Right of Exclusive Publication)  
(1) A person who holds the right to publish or reproduce and forward (hereinafter referred to as "publication, 
IP/N/1/KOR/C/4 
Page 29etc.") works, etc. may establish an exclusive right (hereinafter referred to as "right of exclusive publication" 
and excluding the right of publication under Article 63; hereinafter the same shall apply) for a person who 
intends to use such works, etc. for publication, etc. <Amended by Act No. 11110, Dec. 2, 2011>  
(2) The holder of author's property right may establish a new right of exclusive publication to the extent that the 
methods and conditions of publication, etc. of relevant works, etc. do not overlap. <Newly Inserted by Act No. 
11110, Dec. 2, 2011>  
(3) The person for whom the right of exclusive publication (hereinafter referred to as “holde r of the right of 
exclusive publication ”) has been established under paragraph (1) shall have the right to use the work that is 
the object of such right of exclusive publication by means of publication, etc., according to the terms of the 
contract of estab lishment. <Amended by Act No. 11110, Dec. 2, 2011>  
(4) If the right of pledge is established on the right of reproduction, distribution or forwarding of a work, the 
holder of author's property right may establish the right of exclusive publication only with the authorization of 
the pledgee. <Amended by Act No. 11110, Dec. 2, 2011>  
Article 58 (Obligations of Holder of Right of Exclusive Publication)  
(1) Unless otherwise stipulated in the contract of establishment, the holder of the right of exclusive publication 
shall use the work by means of publication, etc. within the period of nine months from the date when he/she 
received manuscripts or other similar materials which are necessary for the reproduction of the work. 
<Amended by Act No. 11110, Dec. 2, 2011>  
(2) Unless otherwise stipulated in the contract of establishment, the holder of the right of exclusive publication 
shall continue to use the work by means of publication, etc. in accordance with customary practice. 
<Amended by Act No. 11110, Dec. 2, 2011>  
(3) Unless otherwise stipulated in the contract, the holder of the right of exclusive publication shall put a mark of 
holder of author's property right on each reproduction, as stipulated by Presidential Decree. <Amended by Act 
No. 11110, Dec. 2, 2011>  
Article 58 -2 (Revision, Addition or Reduction of Work)  
IP/N/1/KOR/C/4 
Page 30(1) If the holder of the right of exclusive publication reuses a work that is the object of its right by means of 
publication, etc., the author may revise, add or reduce the contents of the work to the extent that it is justified. 
<Amended by Act No. 11110, Dec. 2, 2011>  
(2) Whenever the holder of the right of exclusive publication intends to reuse a work that is the object of its right 
by means of publication, etc., unless otherwise stipulated in the contract, he/she shall notify the author of 
his/her intention in advance. <Amended by Act No. 11110, Dec. 2, 2011>  
Article 59 (Duration, etc. of Right of Exclusive Publication)  
(1) The duration of the right of exclusive publication shall be three years from the date of its first publication, etc., 
unless otherwise stipulated in the contract of establishment: Provided , That the duration shall be five years 
where the right of exclusive publication is established to cinematize such work. <Amended by Act No. 11110, 
Dec. 2, 2011>  
(2) If the author of the work which is the object of the right of exclusive publication dies within the duration of the 
right of exclusive publication, the holder of author's property right, notwithstanding the provisions of 
paragraph (1), may reproduce the work in a complete collection of works or other compilation work, or use 
the work by means of publication, etc. by separating it from a complete collection of works or other 
compilation work. <Amended by Act No. 11110, Dec. 2, 2011>  
Article 60 (Notification of Extinction of Right of Exclusive Publication)  
(1) If the holder of the right of exclusive publication has violated Article 58 (1) or (2), the holder of author's 
property right may call on him/her to fulfill his/her obligation for a prescribed period of not shorter than six 
months. If the holder of the right of exclusive publication fails to do so during such period, the holder of 
author’s property right may notify him/her of the extinction of his/her right of exclusive publication. <Amended 
by Act No. 11110, Dec. 2, 2011>  
(2) The holder of author's property right may immediately notify the holder of the right of exclusive publication of 
the extinction of the right of exclusive publication, notwithstanding the provisions of paragraph (1), when it is 
obvious that it is impossible for the holder of the right of exclusive publication to use the work by means of 
IP/N/1/KOR/C/4 
Page 31publication, etc., or that he/she has no intention to do so. <Amended by Act No. 11110, Dec. 2, 2011>  
(3) When the extinction of the right of exclusive publication is notified under the provisions of paragraph (1) or 
(2), the right of exclusive publication is presumed to have been terminated on the date the holder of the right 
of exclusive publication has received such notification. <Amended by Act No. 11110, Dec. 2, 2011>  
(4) In cases of paragraph (3), the holder of author's property right may, at any time, claim to the holder of the 
right of exclusive publication for reinstatement or compensation for damages accruing from the suspension 
of publication, etc. of the work. <Amended by Act No. 11110, Dec. 2, 2011>  
Article 61 (Distribution of Reproductions after Extinction of Right of Exclusive Publication)  
After the extinction of the right of exclusive publication on account of the expiration of the duration of the 
right or other reasons, the holder of the right of exclusive publication shall not distribute reproductions 
reproduced within the duration of the right, except in either the following cases: <Amended by Act No. 11110, 
Dec. 2, 2011>  
1. Where otherwise stipulated in the contract of establishment;  
2. Where he/she has already paid any remuneration to the holder of author's property right for publication, 
etc. within the duration of the right of exclusive publication, and he/she distributes the number of 
reproductions equivalent to such payment.  
Article 62 (Transfer by Assignment of, and Limitations on, Right of Exclusive Publication, etc.)  
(1) No holder of the right of exclusive publication shall transfer or pledge the right of exclusive publication 
without the consent of the holder of author's property right.  
(2) Articles 23, 24, 25 (1) through (3), 26 through 28, 30 through 33, 35 (2) and (3), 35-2, 35-3, 36 and 37 shall 
apply mutatis mutandis  to the reproduction, etc. of works, etc. that are the object of the right of exclusive 
publication.  
[This Article Wholly Amended by Act No. 11110, Dec. 2, 2011]  
 
SECTION 7-2 Special Cases concerning Publication  
IP/N/1/KOR/C/4 
Page 32Article 63 (Establishment of Right of Publi cation)  
(1) A person who holds the right to reproduce and distribute a work (hereinafter referred to as "holder of the 
right of reproduction") may establish the right to publish such work (hereinafter referred to as "right of 
publication") for a person who intends to publish such work in documents or pictures by printing them or by 
other method similar thereto.  
(2) A person for whom the right of publication is established pursuant to paragraph (1) (hereinafter referred to as 
"holder of the right of publication") may hold the right to publish the original copy of the work that is the 
object of the right of publication as prescribed by the act of establishment.  
(3) Where the pledge has been established for the right of reproduction of relevant work, the holder of the right 
of reproduction may establish the right of publication therefor only with the pledgee ’s permit.  
[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]  
Article 63 -2 (Mutatis Mutandis  Application)  
Articles 58 through 62 shall apply mutatis mutandis  to the right of publication. In such cases, "right of 
exclusive publication" shall be construed as "right of publication" and "holder of author's property right" as 
"holder of the right of reproduction."  
[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]  
 
CHAPTER Ⅲ NEIGHBORING RIGHTS  
SECTION 1 Common Provisions 
Article 64 (Protected Performance, Music Record and Broadcast)  
(1) The following performances, music records and broadcasts shall be protected pursuant to this Act:  
1. Stage performances:  
(a) Stage performances conducted by nationals of the Republic of Korea (including juristic persons 
established under the Acts of the Republic of Korea, and foreign juristic persons maintaining their 
principal offices in the Republic of Korea; hereinafter the same shall apply);  
IP/N/1/KOR/C/4 
Page 33(b) Stage performances protected under the international treaties to which the Republic of Korea has 
acceded or which it has ratified;  
(c) Stage performances fixed in music records as referred to in any item of subparagraph 2;  
(d) Stage performances transmitted by broadcasts as referred to in any item of subparagraph 3 (excluding 
those included in sound or visual recordings before transmission);  
2. Music records:  
(a) Music record produced by a citizen of the Republic of Korea;  
(b) Music record in which sound has been fixed for the first time in the Republic of Korea;  
(c) Music record in which sound has been fixed for the first time in a foreign country party to the treaties 
and protected under such treaties to which the Republic of Korea has acceded or which it has ratified;  
(d) Music record which is protected according to a treaty in which the Republic of Korea has acceded to or 
concluded, and whose producer is a citizen (including a juristic person established pursuant to the 
Acts of the relevant contracting country and a juristic person whose main office is located in the 
relevant contracting country) of the contracting country;  
3. Broadcasts:  
(a) Broadcasts made by broadcasting service providers which are nationals of the Republic of Korea;  
(b) Broadcasts made from broadcasting installations located in the Republic of Korea;  
(c) Broadcasts made by broadcasting service providers who are nationals of a foreign country party, from 
broadcasting installations located in the 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.  
(2) Even in cases of performances, music records and broadcasts of foreigners protected pursuant to paragraph 
(1), where the period of protection has expired in the relevant foreign country, the period of protection under 
this Act shall not be recognized. <Newly Inserted by Act No. 11110, Dec. 2, 2011>  
 
Article 64 -2 (Presumption of Performers, etc.)  
IP/N/1/KOR/C/4 
Page 34A person whose real name or widely known second name as a performer, music record producer, or 
broadcasting service provider is indicated in a general manner in relation to performance, music records or 
broadcasting protected pursuant to this Act shall be presumed to have the right for such performance, music 
record or broadcasting as a performer, music record producer or broadcasting service provider, respectively.  
[This Article Newly Inserted by Act No. 10807, Jun. 30, 2011]  
Article 65 (Relationship with Copyri ght) 
The provisions of each Article in this Chapter shall not be understood as affecting copyright. 
 
SECTION 2 Rights of Performers  
Article 66 (Right to Indicate Name)  
(1) A performer shall have the right to indicate his/her real name or second name on his/her performance or the 
reproduction of his/her performance.  
(2) Those who intend to exploit a performance shall indicate the real name or second name of the performer as 
he/she has indicated insofar as there is no special declaration of intention by the performer: Provided, That it 
is recognized as unavoidable in view of the character of the performance, the purpose and form of 
exploitation, etc., the same shall not apply.  
Article 67 (Right to Maintain Identity)  
A performer shall have the right to maintain the identity of the content and form of his/her performance: 
Provided, That it is recognized as unavoidable in view of the character of the performance, the purpose and 
form of exploitation, etc., the same shall not apply.  
Article 68 (Moral Right of Performer Belonging Exclusively to One ’s Self)  
The rights prescribed in Articles 66 and 67 (hereinafter referred to as “moral rights of performer ”) shall 
belong exclusively to himself/herself of the performer.  
Article 69 (Right of Reproduction)  
Performers shall have the right to reproduce their stage performances.  
IP/N/1/KOR/C/4 
Page 35Article 70 (Right of Distribution)  
Performers shall have the right to distribute the reproduction of his/her performance: Provided, That the 
reproductions of performance have been offered to transactions by means of sale, etc. with permission of 
the performer, the same shall not apply.  
Article 71 (Right of Lease)  
Performers shall have the right to lease the commercial musical records, in which his/her performance is 
recorded, for profit-making purpose notwithstanding the provisions of the proviso to Article 70.  
Article 72 (Right to Perform)  
Performers shall have the right to stage the performance which has not been fixed: Provided, That the 
performance is for broadcasting, the same shall not apply.  
Article 73 (Right to Broadcast)  
Performers shall have the right to broadcast their stage performances: Provided, That the same shall not 
apply to the performance which has been recorded with permission of the performer.  
Article 74 (Right to Forward)  
Performers shall have the right to forward their performances.  
Article 75 (Compensation by Broadcasting Service Providers to Performers)  
(1) When a broadcasting service provider sends out a broadcast by using commercial music records in which 
stage performances are recorded, it shall pay reasonable compensation to the performers: Provided, That 
when the performer is a foreigner and the relevant foreign country does not recognize compensation 
pursuant to the provisions of this paragraph to the performer who is a citizen of the Republic of Korea, the 
same shall not apply.  
(2) The provisions of Article 25 (5) through (9) shall apply mutatis mutandis to the payment, etc. of 
compensation under paragraph (1).  
(3) The amount of compensation which the organization referred to in paragraph (2) may claim on behalf of the 
holder of right to compensation shall be determined each year by an agreement between the relevant 
IP/N/1/KOR/C/4 
Page 36organization and the broadcasting service provider.  
(4) If the organization and the broadcasting service provider fail to reach an agreement pursuant to paragraph 
(3), the organization or the broadcasting service provider may request for conciliation to the Korea Copyright 
Commission under Article 112 as prescribed by Presidential Decree.  <Amended by Act No. 9625, Apr. 22, 2009>  
Article 76 (Compensation by Digital Audio Transmission Service Providers to Performers)  
(1) When a digital audio transmission service provider transmits by using music records in which stage 
performances are recorded, it shall pay reasonable compensation to the performer.  
(2) The provisions of Article 25 (5) through (9) shall apply mutatis mutandis to the payment, etc. of 
compensation under paragraph (1).  
(3) The amount of compensation which the organization referred to in paragraph (2) may claim on behalf of the 
holder of right to compensation shall be determined every year by an agreement between the organization 
and the digital audio transmission service provider within the period prescribed by Presidential Decree.  
(4) If an agreement referred to in paragraph (3) is not reached, the amount fixed and announced in public by the 
Minister of Culture, Sports and Tourism shall be paid.  <Amended by Act No. 8852, Feb. 29, 2008>  
Article 76 -2 (Compensation to Performers by Persons Performing in Public by Making Use of Commercial Music 
Records)  
(1) Any person who gives a public performance by making use of a commercial music record on which a stage 
performance is recorded shall pay a reasonable compensation to the relevant performer: Provided, Tha t 
where a performer is a foreigner, the same shall not apply when the performer's country does not recognize 
a compensation under this paragraph to a performer who is a national of the Republic of Korea.  
(2) Articles 25 (5) through (9) and 76 (3) and (4) shall apply mutatis mutandis to the payment, amount, etc. of a 
compensation under paragraph (1).  
[This Article Newly Inserted by Act No. 9529, Mar 25, 2009]  
Article 77 (Joint Performers)  
(1) If not less than two performers perform jointly in a chorus, concert, or drama, etc., the rights of performers 
IP/N/1/KOR/C/4 
Page 37(excluding the performer ’s moral right) prescribed under this Section shall be exercised by a representative 
elected by the joint performers:  Provided, That where 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 
participates in the stage performance, the consent of such vocalist or instrument player shall be obtained.  
(3) The provisons of Article 15 shall apply mutatis mutandis to the exercise of the moral rights of joint performers. 
 
SECTION 3 Rights of Music Record Producers  
Article 78 (Right of Reproduction)  
Music record producers shall have the right to reproduce their music records.  
Article 79 (Right of Distribution)  
Music record producers shall have the right to distribute their music records: Provided, That the 
reproductions of music records have been offered to transactions by means of sale, etc. with permission of 
the music record producers, the same shall not apply.  
Article 80 (Right of Lease)  
Music record producers shall have the right to lease commercial music records for the purpose of profit-
making notwithstanding the provisions of the proviso to Article 79. 
 
Article 81 (Right to Forward)  
Music record producers shall have the right to forward their music records.  
 
Article 82 (Compensation to Music Record Producers by Broadcasting Serv ice Providers)  
(1) Where a broadcasting service provider sends out broadcasts by using commercial music records, it shall pay 
reasonable compensation to the music record producer: Provided, That when the music record producer is a 
foreigner and the foreign country concerned does not recognize compensation under this paragraph to the 
IP/N/1/KOR/C/4 
Page 38music record producer who is a national of the Republic of Korea, the same shall not apply.  
(2) The provisions of Articles 25 (5) through (9) and 75 (3) and (4) shall apply mutatis mutandis to the payment, 
amount, etc. of compensation under paragraph (1).  
Article 83 (Compensation to Music Record Producers by Digital Audio Transmission Service Provider)  
(1) Where a digital audio transmission service provider transmits by using commercial music records, it shall 
pay reasonable compensation to the music record producer.  
(2) The provisions of Articles 25 (5) through (9) and 76 (3) and (4) shall apply mutatis mutandis to the payment, 
amount, etc. of compensation under paragraph (1).  
Article 83 -2 (Compensation to Music Record Producers by Persons Performing in Public by Making Use of 
Commercial Music Records)  
(1) Any person who gives a public performance by making use of a commercial music record shall pay a 
reasonable contribution to the relevant music record producer: Provided, That where a music record 
producer is a foreigner, the same shall not apply when the producer's country does not recognize 
compensation under this paragraph to a music record producer who is a national of the Republic of Korea.  
(2) Articles 25 (5) through (9) and 76 (3) and (4) shall apply mutatis mutandis to the payment, amount, etc. of a 
compensation under paragraph (1).  
[This Article Newly Inserted by Act No. 9529, Mar 25, 2009]  
 
SECTION 4 Rights of Broadcasting Service Providers  
Article 84 (Right of Reproduction)  
Broadcasting service providers shall have the right to reproduce their broadcasts.  
Article 85 (Right of Simultaneous Relay)  
Broadcasting service providers shall have the right to send out their broadcasts on a national network 
simultaneously.  
Article 85 -2 (Performance Rights)  
IP/N/1/KOR/C/4 
Page 39Where a broadcasting service provider receives entrance fees in relation to the viewing of broadcasting at a 
place accessible to the general public, he/she shall have the right to perform such broadcasting.  
[This Article Newly Inserted by Act No. 10807, Jun. 30, 2011]  
 
SECTION 5 Protection Period for Neighboring Right  
Article 86 (Protection Period)  
(1) Neighboring rights shall come into being from any of the following timing and shall not require any 
procedures or forms: <Amended by Act No. 11110, Dec. 2, 2011>  
1. For stage performances when the stage performance took place;  
2. For music records when the first fixing of music was done;  
3. For broadcastings when the broadcasting was sent out.  
(2) Neighboring rights (excluding moral rights of performers; hereinafter the same shall apply) shall continue to 
remain for 70 years (50 years in cases of broadcasts) counting from the year following the year falling under 
any of the following: <Amended by Act No. 11110, Dec. 2, 2011>  
1. For stage performances when the stage performance took place: Provided , That if a music record on 
which the stage performance is fixed is published within 50 years from the time such performance took 
place, when the music record is published;  
2. For music records when the music record was released: Provided , That music records have not been 
released until after 50 years have passed counting from the year after the year when the music was first 
fixed on the music record, the time when the music was first fixed on the music record;  
3. For broadcastings when the broadcasting was sent out.  
 
SECTION 6 Limitations on, Transfers by Assignment, Exercise, etc. of Neighboring 
Rights  
IP/N/1/KOR/C/4 
Page 40Article 87 (Limitations on Neighboring Rights)  
(1) Articles 23, 24, 25 (1) through (3), 26 through 32, 33 (2), 34, 35-2, 35-3, 36 and 37 shall apply mutatis 
mutandis to the use of performances, music records or broadcasts that are the object of neighboring rights. 
<Amended by Act No. 11110, Dec. 2, 2011>  
(2) Where a digital audio transmission service provider transmits by making use of a music record on which a 
stage performance is recorded pursuant to Articles 76 (1) and 83 (1), he/she may temporarily reproduce a 
music record on which a stage performance is recorded by his/her own means. In such cases, Article 34 (2) 
shall apply mutatis mutandis to the preservation period of a reproduction.  <Newly Inserted by Act No. 9625, Apr. 
22, 2009>  
Article 88 (Transfers by Assignment, Exercise, etc. of Neighboring Rights)  
Article 45 (1) shall apply mutatis mutandis to the transfer by assignment of neighboring rights; Article 46 to 
permission to exploit stage performances, music records or broadcasts; Article 47 to the exercise of the right 
of pledge established on neighboring rights; Article 49 to the extinction of neighboring rights; and Articles 57 
through 62 to the establishment, etc. of the right of exclusive publication of performances, music records or 
broadcasts, respectively.  
[This Article Wholly Amended by Act No. 11110, Dec. 2, 2011]  
Article 89 (Legal License for Use of Stage Performances, Music Records and Broadcasting)  
The provisions of Articles 50 through 52 shall apply mutatis mutandis to the use of stage performances, 
music records and broadcasts.  
Article 90 (Registration of Neighboring Rights)  
Articles 53 through 55 and 55-2 shall apply mutatis mutandis  to the registration of neighboring rights or the 
right of exclusive publication of neighboring rights. In such cases, the term "copyright register" in Article 55 
shall be construed as "register of neighboring rights".  <Amended by Act No. 9625, Apr. 22, 2009; Act No. 11110, 
Dec. 2, 2011>  
 
IP/N/1/KOR/C/4 
Page 41 
CHAPTER Ⅳ PROTECTION OF DATABASE PRODUCERS  
Article 91 (Database to be Protected)  
(1) The database of persons falling under either of the following subparagraphs shall be protected under this Act:  
1. Nationals of the Republic of Korea;  
2. Foreigners protected by the treaties to which the Republic of Korea has acceded or which it has 
concluded in relation with the protection of database.  
(2) Even for a foreigner ’s database protected under paragraph (1), if the foreigner ’s country does not protect the 
database of natio nals of the Republic of Korea, the protection under the treaties and this Act may be limited 
proportionately therewith.  
Article 92 (Exception from Application)  
The provisions of this Chapter shall not be applicable to the database falling under either of the following 
subparagraphs:  
1. Computer programs which are utilized for the production, renewal, etc. or operation of the database;  
2. Database which are produced or renewed, etc. in order to have wireless or wire communications 
technically possible.  
Article 93 (Rights of Database Producers)  
(1) Database producers shall hold the rights to reproduce, distribute, broadcast, or transmit (hereafter referred 
to as the “reproduction, etc. ” in this Article) the whole or considerable parts of relevant database.  
(2) Individual subject matters of the database shall not be considered as the considerable parts of relevant 
database under the provisions of paragraph (1): Provided, That even for the reproductions, etc. of individual 
subject matters of database or of the portions falling short of their considerable parts, if the said 
reproductions come into collision with the ordinary exploitation of relevant database, or infringe unduly on 
the benefits of database producers, by making them repeatedly or systematically for specific purposes, they 
IP/N/1/KOR/C/4 
Page 42shall be considered as the reproductions, etc. of the considerable parts of relevant database.  
(3) Protections under this Chapter shall not affect the copyright of subject matters forming constituent parts of 
the database, and other rights protected under this Act.  
(4) Protections under this Chapter shall not extend to the subject matters themselves forming constituent parts 
of the database.  
Article 94 (Restrictions on Rights of Database Producers)  
(1) Articles 23, 28 through 34, 35-2, 35-3, 36 and 37 shall apply mutatis mutandis  to the use of database which 
is the object of the rights of database producers. <Amended by Act No. 11110, Dec. 2, 2011>  
(2) In either of the following cases, a person may reproduce, distribute, broadcast or transmit the whole or 
considerable parts of database: Provided, That the same shall not apply where it is in conflict with the 
ordinary exploitation of relevant database:  
1. Where being used for education, science or research: Provided, That the same shall not apply to the 
case aiming at profit-making;  
2. Where being used for the reporting of current news.  
Article 95 (Period of Protection)  
(1) The rights of database producers shall originate from the time of completing a production of database, and 
shall continue to exist for five years reckoning from the year thereafter.  
(2) Where a considerable investment has been humanly or physically made for the renewal, etc. of database, 
the rights of database producers for the relevant parts shall originate from the time of making relevant 
renewal, etc., and shall continue to exist for five years reckoning from the year thereafter.  
 
Article 96 (Transfer, Exercise, etc. of Rights of Database Producers)  
The proviso to Article 20 shall apply mutatis mutandis to the offer of database to transaction, Article 45 (1) to 
the transfer of rights of database producers, Article 46 to permission for database exploitation, Article 47 to 
the exercise of the right of pledge established on the rights of database producers, Article 48 to the exercise 
IP/N/1/KOR/C/4 
Page 43of rights by the database producers of joint databases, Article 49 to the extinction of rights of database 
producers, and Articles 57 through 62 to the establishment, etc. of the right of exclusive publication of 
database, respectively.  
[This Article Wholly Amended by Act No. 11110, Dec. 2, 2011]  
Article 97 (Legal License for Use of Database)  
The provisions of Articles 50 and 51 shall apply mutatis mutandis to the use of database.  
Article 98 (Registration of Rights of Database Producers)  
Articles 53 through 55 and 55-2 shall apply mutatis mutandis  to the registration of rights of database 
producers and the right of exclusive publication of database producer ’s right. In such cases, the term 
"copyright register" in Article 55 shall be constr ued as "database producer's right register".  <Amended by Act 
No. 9625, Apr. 22, 2009; Act No. 11110, Dec. 2, 2011>  
CHAPTER Ⅴ SPECIAL CASES CONCERNING CINEMATOGRAPHIC 
WORKS  
Article 99 (Cinematization of Works)  
(1) If the holder of author ’s property right permits another person to exploit his/her work by means of 
cinematization, such permission shall be presumed to include the following rights, unless otherwise 
expressly stipulated:  
1. To dramatize a work for the production of a cinematographic work;  
2. To publicly present a cinematographic work aiming at a public presentation;  
3. To broadcast a cinematographic work aiming at a broadcasting;  
4. To transmit a cinematographic work aiming at a transmission;  
5. To reproduce and distribute a cinematographic work for its original purpose;  
6. To exploit the translation of a cinematographic work in the same manner as the cinematographic work.  
(2) If the holder of author ’s property right permits a person to exploit his/her work by means of cinematization, 
IP/N/1/KOR/C/4 
Page 44unless otherwise stipulated, he/she may permit, after the lapse of five years from the date of his/her 
permission, the cinematization of the work in another form of cinematographic work.  
 
 
Article 100 (Rights in Cinematogra phic Works)  
(1) Where a producer of a cinematographic work and a person who agreed to cooperate in the production of a 
cinematographic work have obtained a copyright to the said cinematographic work, the rights necessary for 
the exploitation of such cinematographic work shall, unless otherwise expressly stipulated, be presumed to 
have been transferred to the producer of the cinematographic work.  
(2) The copyright to a novel, play, work of art or musical work used for the production of a cinematographic work 
shall not be affected by the provisions of paragraph (1).  
(3) The right to reproduce under Article 69, the right to distribute under Article 70, the right to broadcast under 
Article 73, and the right to forward under Article 74 with regard to the utilization of a cinematographic work of 
a performer who agreed with the producer of a cinematographic work to cooperate in the production of a 
cinematographic work shall be presumed to have been transferred to the producer of cinematographic works, 
unless otherwise expressly stipulated.  
Article 101 (Rights of Producers of Cinematographic Works)  
(1) The right necessary for the exploitation of a cinematographic work to be transferred by a person, who 
agreed to cooperate in the production of a cinematographic work, to a producer of a cinematographic work 
shall be the right to exploit the cinematographic work by means of reproduction, distribution, public 
presentation, broadcasting, transmission, and others, and the said producer may transfer it, or establish the 
pledge thereon.  
(2) The right to be transferred from a performer to a producer of a cinematographic work shall be the right to 
reproduce, distribute, broadcast or transmit the said cinematographic work, and it may be transferred or a 
pledge may be established thereon.  
IP/N/1/KOR/C/4 
Page 45 
CHAPTER Ⅴ-2 SPECIAL CASES ON PROGRAMS  
Article 101 -2 (Objects of Protection)  
This Act shall not apply to the following matters used to prepare programs:  
1. Programming language: Characters, symbols and their systems as means expressing programs;  
2. Protocol: A special agreement on how to use programming language in a specific program;  
3. Solutions: Combination methods of instructions and commands in a program.  
[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]  
Article 101 -3 (Restrictions o n Author's Property Right of Program)  
(1) In any of the following cases, a program released may be reproduced or distributed to the extent necessary 
for that purpose: Provided, That where it is unjustly detrimental to the interest of the holder of author's 
property right in the light of kinds and purposes of programs, relative importance of a reproduced part in a 
program and the number of copies of reproduction or such, the same shall not apply:  
1. Where a program is reproduced for a trial or investigation;  
2. Where a program is reproduced or distributed for the purpose of providing it to a course of lessons by any 
person who is responsible for education in schools under the Early Childhood Education Act, the 
Elementary and Secondary Education Act and the Higher Education Act, and in educational institutions 
(limited to educational institutions by which educational attainments for entrance into a school of higher 
level are authorized or which confer an academic degree) established pursuant to other Acts;  
3. Where a program is reproduced to be published in textbooks for the educational purpose of schools 
under the Elementary and Secondary Education Act and schools equivalent thereto;  
4. Where a program is reproduced for personal purposes (excluding cases for the purpose of profit-making) 
in the confined place like home;  
5. Where a program is reproduced or distributed for the purpose (excluding cases for the purpose of profit-
IP/N/1/KOR/C/4 
Page 46making) of entrance examinations of schools under the Elementary and Secondary Education Act and 
the Higher Education Act and of schools equivalent thereto, or of other examinations or official approval 
for scholarship or skill;  
6. Where a program is reproduced for the purpose of research, study, test of functions of a program to 
confirm ideas and principles which form the foundation of a program (only when any person who uses a 
program with legitimate authority is using the relevant program).  
(2) Programs (limited to cases in which they are legitimately acquired) may be temporarily reproduced during 
the course of using a computer for the maintenance and repair of such computer. <Newly Inserted by Act No. 
11110, Dec. 2, 2011>  
(3) Any person who intends to publish a program in textbooks pursuant to paragraph (1) 3 shall pay a 
compensation under the standards determined and announced by the Minister of Culture, Sports and 
Tourism to the relevant holder of author's property right. The provisions of Article 25 (5) through (9) shall 
apply mutatis mutandis to payment of a compensation. <Amended by Act No. 11110, Dec. 2, 2011>  
[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]  
Article 101 -4 (Reverse Engineering of Program Codes)  
(1) Where any person who uses a program with legitimate authority or any person who has obtained his/her 
permission cannot easily obtain necessary information for compatibility and it is inevitable for him/her to 
obtain the information, he/she may perform reverse engineering of program codes without obtaining 
permission of the holder of author ’s property right of the program limited to necessary part for compatibility 
of the relevant program.  
(2) Where information obtained through a reverse engineering of program codes under paragraph (1) falls under 
either of the following subparagraphs, it shall not be used:  
1. Cases where information is exploited for the purpose other than the purpose of compatibility or is 
provided to a third party;  
2. Cases where a program or expression subject to a reverse engineering of program code is exploited in 
IP/N/1/KOR/C/4 
Page 47development, production and sale of substantially similar programs or in infringement of copyright of the 
program.  
[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]  
Article 101 -5 (Reproduction for Storage by Lawful Users)  
(1) Any person who possesses and uses a reproduction of program with legitimate authority may reproduce the 
relevant reproduction to the extent necessary to provide against destruction, damage or deterioration or 
such of the reproduction.  
(2) When any person who possesses or uses a reproduction of program has lost the right to possess and use a 
reproduction of the relevant program, he/she shall destroy the reproduction made pursuant to paragraph (1) 
unless the holder of author ’s property right of the program specially declares his/her intention: Provided, 
That where he/she has lost the right to possess and use a reproduction of program because the relevant 
reproduction of program has been destroyed, the sa me shall not apply.  
[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]  
Article 101 -6 Deleted. <by Act No. 11110, Dec. 2, 2011>  
Article 101 -7 (Deposit of Program)  
(1) The holder of author ’s property right of a program and any person who has been p ermitted to use the 
program may deposit the original code and technical information or such of the program to a person 
prescribed by Presidential Decree (hereafter referred to as “trustee” in this Article) by mutual consent.  
(2) Any person who has been permitted to use a program may, when a reason stipulated in the consent 
obtained pursuant to paragraph (1) has arisen, request the trustee to provide him/her the original code and 
technical information or such of the program.  
[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]  
 
 
IP/N/1/KOR/C/4 
Page 48CHAPTER Ⅵ RESTRICTION ON RESPONSIBILITY OF ONLINE 
SERVICE PROVIDERS  
Article 102 (Restriction on Responsibility of Online Service Providers)  
(1) Even if copyright or other rights protected pursuant to this Act are infringed in relation to any of the following 
acts, an online service provider shall not be responsible for such infringement, where he/she meets all of the 
following requirements: <Amended by Act No. 10807, Jun. 30, 2011; Act No. 11110, Dec. 2, 2011>  
1. Act of transmitting works, etc. without modifying their contents, designating a route or providing 
connections, or act of storing works, etc. in an automatic, mediating or temporary manner during the 
course of such transmission, routing or provision of connections within a reasonably necessary period:  
(a) Where an online service provider has not commenced to transmit works, etc.;  
(b) Where an online service provider has not selected works, etc. or the receiver thereof;  
(c) Where an online service provider has adopted the measures to cancel the accounts (referring to the 
accounts with the right to use relevant services, used by an online service provider to identify and 
manage users; hereafter the same shall apply in this Article and Articles 103-2, 133-2 and 133-3) of 
persons who repeatedly infringe on copyright or other rights protected pursuant to this Act, and has 
performed such measures in a reasonable manner;  
(d) When the holder of right has used standard technological measures meeting the conditions prescribed 
by Presidential Decree among technological measures to identify and protect works, etc., where an 
online service provider has accepted such and has not interfered therewith;  
2. Act of storing works, etc. transmitted at the request of service users in an automatic, mediating or 
temporary manner so that subsequent users can efficiently access or receive such works, etc.:  
(a) Where the requirements under the items of subparagraph 1 are all met;  
(b) Where an online service provider has not modified such works, etc.;  
(c) If any condition exists to access such works, etc. provided, where the access to temporarily stored 
IP/N/1/KOR/C/4 
Page 49works, etc. is permitted to users who have complied with such condition;  
(d) Where an online service provider has complied with the rules on updating works, etc. that are 
determined by a person who reproduces or transmits works, etc. (hereinafter referred to as 
"transmitter or reproducer") under data communications protocol for computers or information and 
communications networks generally recognized in the industry: Provided , That this shall not apply 
where a transmitter or reproducer has determined rules on updating for the purposes of unreasonably 
restricting such storage;  
(e) Where an online service provider has not interfered with the use of technologies generally recognized 
in the industry, which are applied to obtain information on the use of works, etc. at the original website 
containing works, etc.;  
(f) Where an online service provider is required to suspend reproduction or transmission under Article 103 
(1), where such works, etc. are deleted or made inaccessible at the original website, or where he/she 
actually becomes aware of the fact that the court or the head of a central administrative agency has 
issued an order to delete such works, etc. or make them inaccessible and he/she has immediately 
deleted such works, etc. or made them inaccessible;  
3. Act of storing works, etc. in the computer of an online service provider at the request of a reproducer or 
transmitter:  
(a) Where the requirements under the items of subparagraph 1 are all met;  
(b) When an online service provider has the authority and capability to control the infringement, where 
he/she has not obtained any monetary profit directly from such infringement;  
(c) When an online service provider actually becomes aware of infringement or know the fact or 
circumstance that infringement is evident through the requirement, etc. to suspend reproduction or 
transmission under Article 103 (1), where he/she has immediately suspended the reproduction or 
transmission of such works, etc.;  
(d) Where an online service provider has designated a person subject to requirement, etc. to suspend 
IP/N/1/KOR/C/4 
Page 50reproduction or transmission and notified such fact pursuant to Article 103 (4);  
4. Act of allowing users to know the location of works, etc. on information and communications networks or 
connecting them thereto through information search tools:  
(a) Where the requirements under subparagraph 1 (a) are met;  
(b) Where the requirements under subparagraph 3 (b) through (d) are met.  
(2) Notwithstanding the provisions of paragraph (1), where it is technologically impossible for an online service 
provider to take measures under paragraph (1), he/she shall not be responsible for the infringement of 
copyright or other rights protected pursuant to this Act due to the reproduction or transmission of works, etc. 
by other persons. <Amended by Act No. 10807, Jun. 30, 2011>  
(3) In relation to the restriction on responsibility under paragraph (1), an online service provider shall not be 
responsible for monitoring any infringement within his/her services or actively investigating such 
infringement. <Newly Inserted by Act No. 10807, Jun. 30, 2011>  
Article 103 (Suspension of Reproduction or Transmission)  
(1) Any person who asserts that his/her copyright and other rights protected under this Act are infringed 
(hereafter referred to in this Article as "claimant to a right") due to the reproduction or transmission of works, 
etc. through the utilization of services by an online service provider (excluding cases under Article 102 (1) 1; 
hereafter the same shall apply in this Article), may demand the online service provider, by vindicating the 
said facts, to suspend the reproduction or transmission of the works, etc. <Amended by Act No. 10807, Jun. 30, 
2011>  
(2) Where an online service provider is required to suspend the reproduction or transmission under paragraph 
(1), he/she shall immediately suspend the reproduction or transmission of such works, etc. and notify a 
claimant to the right of such fact: Provided , That an online service provider referred to in Article 102 (1) 3 or 
4 shall notify the reproducer or transmitter of such works, etc., as well as the claimant to the right, of such 
fact. <Amended by Act No. 10807, Jun. 30, 2011>  
(3) Where the reproducer or transmitter upon receipt of notification under paragraph (2), vindicates that his/her 
IP/N/1/KOR/C/4 
Page 51reproduction or transmission is made with legitimate authority, and demands a resumption of such 
reproduction or transmission, the online service provider shall promptly notify the claimant to the right of the 
fact of demanding a resumption and the scheduled date of resumption, and shall have the reproduction or 
transmission resumed on the said scheduled date: Provided , That this shall not apply where the claimant to 
a right notifies an online service provider before the scheduled date of resumption, of the fact that he/she 
has filed a lawsuit against the act of infringement of reproducer or transmitter. <Amended by Act No. 11110, 
Dec. 2, 2011>  
(4) The online service provider shall give public notice by designating the person who is to receive a demand for 
suspension of the reproduction or transmission, and for its resumption under paragraphs (1) and (3) 
(hereafter referred to in this Article as “recipient ”), so as to have the persons who utilize his/her own 
installations or services know the said person readily.  
(5) Where the online service provider has given public notice pursuant to paragraph (4), and has suspended or 
resumed the reproduction or transmission of relevant works, etc. under paragraphs (2) and (3), the 
responsibility of the online service provider for the infringement on third parties ’ copyright and other rights 
protected under this Act, and the responsibility of the online service provider for  the losses incurred to the 
reproducer or transmitter, shall be exempted: Provided, That this shall not apply to the responsibilities arisen 
from the time when the online service provider has known the facts that the copyright and other rights 
protected un der this Act were infringed due to the reproduction or transmission of works, etc. by third parties 
to the time of demanding the suspension under paragraph (1). <Amended by Act No. 10807, Jun. 30, 2011; Act 
No. 11110, Dec. 2, 2011>  
(6) Any person who demands, without legitimate authority , the suspension or resumption of the reproduction or 
transmission of relevant works, etc. under paragraphs (1) and (3), shall make a compensation for any losses 
incurred thereby.  
(7) Matters necessary for the vindication, suspension, notification, resumption of reproduction or transmission, 
designation of a recipient, and public notice, etc. under paragraphs (1) through (4) shall be prescribed by 
IP/N/1/KOR/C/4 
Page 52Presidential Decree. In such cases, the Minister of Culture, Sports and Tourism shall make a prior 
consultation with the heads of related central administrative agencies.  <Amended by Act No. 8852, Feb. 29, 
2008; Act No. 10807, Jun. 30, 2011>  
Article 103 -2 (Scope of Court Orders Issued to Online Service Providers)  
(1) Where the court orders necessary measures pursuant to Article 123 (3) to an online service provider who 
meets the requirements under Article 102 (1) 1, it may order the following measures only:  
1. Cancelation of specific accounts;  
2. Reasonable measures to prevent the access to specific foreign Internet websites.  
(2) Where the court orders necessary measures pursuant to Article 123 (3) to an online service provider who 
meets the requirements under Article 102 (1) 2 through 4, it may order the following measures only:  
1. Deletion of illegal reproductions;  
2. Measures to prevent the access to illegal reproductions;  
3. Cancelation of specific accounts;  
4. Other measures deemed by the court as necessary to the extent a minimum burden is imposed on an 
online service provider.  
[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]  
Article 103 -3 (Request to Provide Information on Reproducers and Transmitters)  
(1) Where the claimant to a right has requested an online service provider to provide information owned by such 
online service provider, such as the names and addresses of the relevant reproducer and transmitter to the 
minimum extent necessary to file a civil lawsuit or bring criminal charges, but the online service provider has 
refused such request, the claimant to the right may request the Minister of Culture, Sports and Tourism to 
issue an order to the online service provider to provide such information.  
(2) In receipt of a request under paragraph (1), the Minister of Culture, Sports and Tourism may order the onli ne 
service provider to submit information on the relevant reproducer and transmitter, after undergoing 
deliberation by the Korea Copyright Commission under Article 112.  
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Page 53(3) The online service provider shall submit relevant information to the Minister of Culture, Sports and Tourism 
within seven days from receipt of an order under paragraph (2), and the Minister of Culture, Sports and 
Tourism shall provide such information to a person who has made a request under paragraph (1), without 
delay.  
(4) No person provided with information on the relevant reproducer and transmitter pursuant to paragraph (3) 
shall use such information for the purposes other than those of request under paragraph (1).  
(5) Other matters necessary for the provision of information on reproducers and transmitters shall be prescribed 
by Presidential Decree.  
[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]  
Article 104 (Responsibility, etc. of Online Service Providers of Special Type)  
(1) The online service provider who aims principally at forwarding works, etc. by using computers between other 
persons (hereinafter referred to as “online service provider of special type ”) shall take necessary measures, 
such as technical measures, etc. that cut off illegal forwarding of the relevant work, etc. where there is a 
request from the holder of rights. In such cases, matters regarding the request of holder of rights and 
necessary measures shall be prescribed by Presidential Decree.  <Amended by Act No. 9625, Apr. 22, 2009>  
(2) The Minister of Culture, Sports and Tourism may lay down and announce the extent of online service 
provider of special type under paragraph (1).  <Amended by Act No. 8852, Feb. 29, 2008>  
 
CHAPTER Ⅵ-Ⅱ PROHIBITION OF INCAPACITATION OF TECHNICAL 
PROTECTION MEASURES, ETC.  
 
Article 104 -2 (Prohibition of Incapacitation of Technical Protection Measures)  
(1) No person shall incapacitate the technical protection measures under subparagraph 28 (a) of Article 2 
intentionally or by negligence without legitimate authority by removing, altering or detouring such measures: 
Provided , That this shall not apply in any of the following:  
IP/N/1/KOR/C/4 
Page 541. Where a person engaged in research of encryption legitimately obtains reproduction of works, etc. and 
engages in such research to the extent necessary to research flaws or weak points of encryption 
technologies applied to such works, etc.: Provided , That the foregoing shall be limited to cases where 
he/she has made a considerable effort to obtain a permit for the use necessary for such research from 
the holder of rights, but failed to do so;  
2. Where he/she includes components or parts incapacitating technical protection measures in technology, 
products, services or devices in order to prevent minors from accessing online works, etc. harmful to 
minors: Provided , That the foregoing shall be limited to cases where no ban is imposed pursuant to 
paragraph (2);  
3. Where it is necessary to identify functions of unofficially collecting and distributing personal identifiable 
information capable of verifying individuals' online acts and incapacitating them: Provided , That the 
foregoing shall not apply where it affects other persons' access to works, etc.;  
4. Where it is necessary for the State's law enforcement, legitimate information collection, guarantee of 
security, etc.;  
5. Where it is necessary for educational institutions and education supporting institutions under Article 25 (2), 
libraries under Article 31 (1) (limited to non-profit libraries) or archive management institutions under the 
Act on the Management of Public Archives to determine whether to purchase works, etc.: Provided , That 
the foregoing shall be limited to cases where any access thereto is impossible without incapacitating 
technical protection measures;  
6. Where a person who uses programs with legitimate authority engages in reverse engineering of program 
codes to the extent necessary to secure compatibility with other programs;  
7. Where it is necessary for a person who has legitimate authority to investigate, examine or amend security 
of computers or information and communications networks;  
8. Cases determined and notified by the Minister of Culture, Sports and Tourism according to the 
procedures prescribed by Presidential Decree as it is deemed that the legitimate use of works, etc. of 
IP/N/1/KOR/C/4 
Page 55specific kind is affected or likely to be affected by the prohibition of incapacitation of technical protection 
measures. In such cases, the effect of such exception shall be valid for three years.  
(2) No person may manufacture, import, distribute, transmit, sell or lend, solicit the general public to buy, 
advertise to sell or lend, store or possess to distribute the following devices, products or parts, or provide the 
relevant services, without legitimate authority:  
1. Those publicized, advertised or promoted for the purpose of incapacitating technical protection measures;  
2. Those having limited business purposes or uses other than for the incapacitation of technical protection 
measures;  
3. Those devised, manufactured or remodeled, or those that function, for the main purpose of making the 
incapacitation of technical protection measures possible or easy.  
(3) Notwithstanding the provisions of paragraph (2), the aforementioned shall not apply in either of the 
following cases:  
1. Cases falling under paragraph (1) 1, 2, 4, 6 and 7 in relation to technical protection measures under 
subparagraph 28 (a) of Article 2;  
2. Cases falling under paragraph (1) 4 and 6 in relation to technical protection measures under 
subparagraph 28 (b) of Article 2.  
[This Article Newly Inserted by Act No. 10807, Jun. 30, 2011]  
Article 104 -3 (Prohibition of Removal, Alteration, etc. of Rights M anagement Information)  
(1) No person shall do any of the following acts without legitimate authority by knowing or not knowing by 
negligence that such acts may cause or conceal the infringement of copyright or other rights protected 
pursuant to this Act: <Amended by Act No. 11110, Dec. 2, 2011>  
1. Act of deliberately removing, altering or falsely adding rights management information;  
2. Act of distributing rights management information or importing such information for the purpose of 
distribution, upon knowing that such information has been removed or altered without legitimate authority;  
3. Act of distributing, performing or publicly transmitting the original copies of relevant works, etc. or the 
IP/N/1/KOR/C/4 
Page 56reproduction thereof or of importing them for the purpose of distribution, upon knowing that rights 
management information has been removed, altered or falsely added without legitimate authority.  
(2) Paragraph (1) shall not apply where it is necessary for the State's law enforcement, legitimate information 
collection, guarantee of security, etc.  
[This Article Newly Inserted by Act No. 10807, Jun. 30, 2011]  
Article 104 -4 (Prohibition of Incapacitation, etc. of Encrypted Broadcasting Signals)  
No person shall conduct any of the following acts:  
1. Act of manufacturing, assembling, altering, importing, exporting, selling, or leasing, or passing with other 
means, devices, products, major parts, programs, or other tangible or intangible measures for the 
purposes of decrypting encrypted broadcasting signals without consent of a broadcasting service 
provider, upon knowing or not knowing by negligence that such measures will be mainly used for such 
purposes: Provided , That this shall not apply to cases falling under Article 104-2 (1) 1, 2 or 4;  
2. Where encrypted broadcasting signals have been decrypted with legitimate authority, act of publicly 
transmitting such signals upon knowing such fact to other persons for profit without consent of a 
broadcasting service provider;  
3. Act of listening to or viewing or publicly transmitting to other persons by receiving encrypted broadcasting 
signals, upon knowing that such signals have been decrypted without consent of a broadcasting service 
provider.  
[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]  
Article 104 -5 (Prohibition of Forging, etc. of Labels)  
No person shall conduct any of the following acts without legitimate authority:  
1. Act of forging labels of works, etc. to be attached, enclosed or added to illegal reproductions or their 
documents or packaging, or act of distributing forged labels or owning them for the purpose of 
distribution upon knowing such fact;  
2. Act of distributing labels produced upon obtaining a permit from the holder of right of works, etc. or a 
IP/N/1/KOR/C/4 
Page 57person who has received consent from the holder of right, beyond the permitted range, or act of 
redistributing forged labels or owning them for the purpose of redistribution upon knowing such fact;  
3. Act of forging documents or packaging distributed together with legitimate reproductions of works, etc. to 
use them for illegal reproductions, or act of distributing forged documents or packaging or owning them 
for the purpose of distribution upon knowing such fact.  
[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]  
Article 104 -6 (Prohibition of Recording , etc. of Cinematographic Works)  
No person shall record cinematographic works protected by copyright at a movie theater, etc. screening 
such works with a recording device without consent of the holder of author's property right, or publicly 
transmit such works.  
[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]  
Article 104 -7 (Prohibition of Transmission of Prior -broadcasting Signals)  
No person shall transmit the signals to be transmitted to a broadcasting service provider (excluding cases in 
which the signals are transmitted for the purposes of allowing the public to directly receive them) to any third 
person without legitimate authority.  
[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]  
Article 104 -8 (Claim, etc. of Suspension or Preven tion of Infringement)  
A person who has copyright or other rights protected pursuant to this Act may request suspension or 
prevention of infringement, security for damages, damages or statutory damages in lieu thereof against a 
person who has violated Articles 104-2 through 104-4, and may request suspension and prevention of 
infringement against a person who has done an act under Article 104-2 (1) without intention or negligence. 
In such cases, Articles 123, 125, 125-2, 126 and 129 shall apply mutatis mutand is. <Amended by Act No. 
11110, Dec. 2, 2011>  
[This Article Newly Inserted by Act No. 10807, Jun. 30, 2011]  
 
IP/N/1/KOR/C/4 
Page 58CHAPTER Ⅶ COPYRIGHT MANAGEMENT SERVICE  
Article 105 (Permission, etc. for Copyright Management Service)  
(1) Any person who intends to engage in a copyright trust management business shall obtain permission from 
the Minister of Culture, Sports and Tourism as prescribed by Presidential Decree; and a person who intends 
to engage in a copyright agency and brokerage business shall report thereon to the Minister of Culture, 
Sports and Tourism as prescribed by Presidential Decree.  <Amended by Act No. 8852, Feb. 29, 2008>  
(2) Anyone who intends to operate the copyright trust management business pursuant to the provisions of 
paragraph (1) shall satisfy the following requirements, prepare regulations defining the duties of copyright 
trust management as prescribed by Presidential Decree and submit them together with an application for 
permission for copyright trust management business to the Minister of Culture, Sports and Tourism:  
<Amended by Act No. 8852, Feb. 29, 2008>  
1. That it shall be an organization comprised of the holders of right to works, etc.;  
2. That it shall not aim at profit-making;  
3. That it shall have sufficient capability to execute the duties, such as the collection, distribution, etc. of fees.  
(3) Any person falling under any of the following subparagraphs shall not be eligible to obtain a license to 
engage in a copyright trust management business or copyright agency and brokerage business (hereinafter 
referred to as “copyright management service ”) under paragraph (1) or report it:  
1. Any incompetent or quasi-incompetent;  
2. Any person who has been declared bankrupt and has not yet been reinstated;  
3. Any person who is within one-year period following 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 juristic person or organization in which a person falling under any of subparagraphs 1 through 4 is 
the representative or staff.  
IP/N/1/KOR/C/4 
Page 59(4) Any person who has obtained permission or reported for copyright management service under paragraph (1) 
(hereinafter referred to as “copyright management service provider ”) may collect fees for his/her services 
from the holder of author ’s property rights or other interested persons.  
(5) The rate and amount of fees under paragraph (4) and the rate and amount of usage fee that a copyright 
management service provider receives from users shall be determined by the copyright management 
service provider after he/she obtains approval from the Minister of Culture, Sports and Tourism: Provided, 
That the same shall not apply to the person who has reported on the copyright agency and brokerage 
business.  <Amended by Act No. 8852, Feb. 29, 2008>  
(6) As for approval under paragraph (5), the Minister of Culture, Sports and Tourism shall go through the 
deliberation of the Korea Copyright Commission pursuant to Article 112, and may approve after specifying a 
period of time or correcting the content in the application if necessary.  <Amended by Act No. 8852, Feb. 29, 
2008; Act No. 9625, Apr. 22, 2009>  
(7) Where there is an application for approval on the rate or amount of usage fee pursuant to the provisions of 
paragraph (5) or where the Minister of Culture, Sports and Tourism has granted approval, he/she shall 
announce the content thereof as prescribed by Presidential Decree.  <Amended by Act No. 8852, Feb. 29, 2008>  
(8) Where it is necessary for the protection of rights of the holder of author ’s property right and other parties or 
for the contribution of convenience of use of works, etc., the Mini ster of Culture, Sports and Tourism may 
change the content of approval pursuant to the provisions of paragraph (5).  <Amended by Act No. 8852, Feb. 
29, 2008>  
 
Article 106 (Responsibility of Copyright Trust Management Business Provider)  
(1) The copyright trust management business provider shall prepare a list of works, etc. that he/she manages 
on a quarter year basis in written or electronic form as prescribed by Presidential Decree so that all the 
people may peruse the list during business hours at the least.  
(2) Where a user requests in writing, the copyright trust management business provider shall supply the 
IP/N/1/KOR/C/4 
Page 60information under his/her management necessary for concluding exploitation contract of works, etc., which is 
prescribed by Presidential Decree, within a considerable period of time in writing, unless there are justifiable 
causes to the contrary.  
Article 107 (Request for Perusal of Documents)  
The copyright trust management business provider may request for perusal of documents needed for the 
calculation of usage fee for the relevant works from the person who exploits the works, etc. under his/her 
management for commercial purposes. In such cases, the user shall comply therewith unless there is a 
justifiable reason to the contrary.  
Article 108 (Supervision ) 
(1) The Minister of Culture, Sports and Tourism may demand a copyright management service provider to 
submit a necessary report on the duties of the copyright management service.  <Amended by Act No. 8852, Feb. 
29, 2008>  
(2) In order to promote the protection of rights and interests of authors and the convenient use of works, the 
Minister of Culture, Sports and Tourism may issue necessary orders concerning copyright management 
service.  <Amended by Act No. 8852, Feb. 29, 2008>  
Article 109 (Cancellation, etc . of Permission)  
(1) The Minister of Culture, Sports 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. 8852, Feb. 29, 2008>  
1. Where he/she has received an amount in excess of the fee approved pursuant to the provisions of Article 
105 (5);  
2. Where he/she has received an additional usage fee in addition to the usage fee approved pursuant to the 
provisions of Article 105 (5);  
3. Where he/she has failed to make a report under Article 108 (1) without any justifiable reason or he/she 
has made a false report;  
IP/N/1/KOR/C/4 
Page 614. Where he/she has received an order under Article 108 (2), but failed to fulfill the order without any 
justifiable reason.  
(2) The Minister of Culture, Sports and Tourism may cancel permission for, or order to close copyright 
management service if a copyright management service provider commits either of the following acts:  
<Amended by Act No. 8852, Feb. 29, 2008>  
1. That the copyright management service provider has obtained permission or made a report by fraudulent 
or unlawful means;  
2. That the copyright management service provider continues to engage in the business after receiving an 
order of suspension under paragraph (1).  
Article 110 (Hearings)  
If the Minister of Culture, Sports and Tourism intends to cancel the permit for, or order to close copyright 
management service pursuant to the provisions of Article 109 (2), he/she shall hold a hearing.  <Amended by 
Act No. 8852, Feb. 29, 2008>  
Article 111 (Disposition of Penalty Surcharge)  
(1) When a copyright management service provider falls under any of the subparagraphs of Article 109 (1) and 
thus has to be given a disposition of business suspension, the Minister of Culture, Sports and Tourism may 
impose and collect a penalty surcharge of 50 million won or less in lieu of the disposition of business 
suspension.  <Amended by Act No. 8852, Feb. 29, 2008>  
(2) When the person who has been given a disposition of business suspension pursuant to the provisions of 
paragraph (1) fails to pay the penalty surcharge by the payment deadline, the Minister of Culture, Sports and 
Tourism shall collect it in the same manner as delinquent national taxes are collected.  <Amended by Act No. 
8852, Feb. 29, 2008>  
(3) The penalty surcharge collected pursuant to the provisions of paragraphs (1) and (2) may be used by the 
collecting body to establish sound order in the use of works.  
(4) Matters necessary for the amount of penalty surcharge in accordance with the kind, degree, etc. of violation 
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Page 62for which a penalty surcharge is imposed pursuant to the provisions of paragraph (1), procedures for use of 
penalty surcharge pursuant to the provisions of paragraph (3), etc. shall be prescribed by Presidential 
Decree. 
 
 
CHAPTER Ⅷ KOREA COPYRIGHT COMMISSION  
Article 112 (Establishment of Korea Copyright Commission)  
(1) In order to deliberate on matters concerning copyright and other rights (hereafter referred to as “copyright ” 
in this Chapter) protecte d pursuant to this Act, and to mediate and conciliate disputes concerning copyright 
(hereinafter referred to as “dispute”), and to conduct business necessary for protection and fair use of 
copyright, the Korea Copyright Commission (hereinafter referred to as the “Commission ”) shall be 
established.  
(2) The Commission shall be a juristic person.  
(3) The provisions on an incorporated foundation under the Civil Act shall apply mutatis mutandis to matters not 
prescribed in this Act regarding the Commission. In such cases, a member of the Commission shall be 
deemed a director.  
(4) Any person who is not the Commission shall not use the name of the Korea Copyright Commission.  
[This Article Wholly Amended by Act No. 9625, Apr. 22, 2009]  
Article 112 -2 (Formation of Co mmission)  
(1) The Commission shall be comprised of members not less than 20 but not more than 25 including one 
chairperson and two vice-chairpersons.  
(2) Members shall be appointed by the Minister of Culture, Sports and Tourism from among the persons 
referred to in the following subparagraphs, and the chairperson and vice-chairpersons shall be elected from 
among the members. In such cases, the Minister of Culture, Sports and Tourism shall balance the number 
of members who reflect the interest of holders of rights which are protected by this Act and the number of 
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Page 63members who reflect the interest of users thereof, and may request organizations of holders of a right by 
field or organizations of users by field or such to recommend members:  
1. Those who majored in the field related to copyright as those who are or were associate professor or 
higher, or in the position equivalent thereto in a college or authorized research institution;  
2. Those who are in the position of a judge or public prosecutor, or those who have qualification for a lawyer;  
3. Those who are experienced in business in the field of copyright or cultural industry as those who are or 
were public officials in Grade Ⅳ or higher, or in the position in a public institution equivalent thereto;  
4. Those who are or were in the position of executive of an organization related to copyright or cultural 
industry;  
5. Those who have extensive knowledge and wide experience in business related to copyright or cultural 
industry.  
(3) A term of office of members shall be three years and they may be reappointed: Provided, That a term of 
office of a member who is appointed to the designated post shall be the period he/she holds the relevant 
post. 
(4) When a vacancy occurs in the Commission, a substitute member shall be appointed pursuant to paragraph 
(2), and a term of office of the substitute member shall be the remainder of his/her predecessor ’s term of 
office: Provided, That the number of members is not less than 20, a substitute member need not be 
appointed.  
(5) Subcommittees by field may be established in order to efficiently conduct business of the Commission. 
When a subcommittee has made a resolution with respect to matters entrusted by the Commission, the 
Commission shall be deemed to have made the resolution.  
[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]  
Article 113 (Duties)  
The Commission shall execute the duties in the following subparagraphs:  <Amended by Act No. 8852, Feb. 29, 
2008; Act No. 9625, Apr. 22, 2009>  
IP/N/1/KOR/C/4 
Page 641. Mediation or conciliation of disputes;  
2. Deliberation of the matters concerning the rate or amount of fee and usage fee for copyright management 
service provider pursuant to the provisions of Article 105 (6) and deliberation of the matters presented for 
consideration by the Minister of Culture, Sports and Tourism or jointly by three or more members;  
3. Projects for setting up order in the use of works, etc. and for promoting fair use of works;  
4. International cooperation for the protection of copyright;  
5. Research, education and publicity of copyright;  
6. Support to the formulation of policy on copyright;  
7. Measures of technical protection and support to the formulation of policy on rights management 
information;  
8. Construction and operation of information management system for the provision of copyright information;  
9. Appraisal of infringement, etc. of copyright;  
10. Recommendation of correction to an online service provider and request for orders for correction to the 
Minister of Culture, Sports and Tourism pursuant to Article 133-3; 
11. Duties prescribed as duties of the Commission or duties entrusted to the Commission pursuant to Acts 
and subordinate statutes;  
12. Other duties entrusted by the Minister of Culture, Sports and Tourism.  
Article 113 -2 (Mediation)  
(1) Any person who intends to receive mediation on a dispute may apply for mediation by filing an application 
for mediation with the Commission.  
(2) When the Commission has received an application for mediation pursuant to paragraph (1), the chairperson 
shall appoint a member responsible for mediation from among the members and have him/her mediate.  
(3) Where a member responsible for mediation deems that the mediation cannot settle a dispute, he/she may 
discontinue the mediation.  
(4) When an application for conciliation has been made under this Act with respect to a dispute under mediation, 
IP/N/1/KOR/C/4 
Page 65the relevant mediation shall be deemed to have been suspended.  
(5) When mediation has been effected, a member responsible for mediation shall prepare a written mediation 
and put his/her name and seal on it with the relevant persons.  
(6) Matters necessary for application of and procedures for mediation shall be prescribed by Presidential 
Decree.  
[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]  
Article 114 (Conciliation Divisi on) 
(1) In order to effectively execute the duties of dispute conciliation of the Commission, a conciliation division 
comprised of one member, or three or more members, among which one member shall have the 
qualification for lawyer.  
(2) Matters necessary for the composition, operation, etc. of conciliation division pursuant to the provisions of 
paragraph (1) shall be prescribed by Presidential Decree.  
Article 114 -2 (Application, etc. for Conciliation)  
(1) Any person who intends to receive conciliation of a dispute may apply for conciliation of the dispute by filing 
an application for conciliation in which the effect and cause of application is stated with the Commission.  
(2) The conciliation division under Article 114 shall make conciliation of a dispute pursuant to paragraph (1).  
[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]  
Article 115 (Being Closed to Public)  
It is a rule that the procedures of conciliation shall be kept closed to the public: Provided, That the head of 
conciliation division may permit those who are recognized as appropriate with the consent of the relevant 
parties to attend the procedures.  
Article 116 (Restriction on Quotation of Statement)  
The statements made by the relevant parties or interested persons at the conciliation procedures shall not 
be quoted at the lawsuit or arbitration procedures.  
Article 117 (Conclusion of Conciliation)  
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Page 66(1) Conciliation shall take effect by entering the matters that have been agreed upon between the relevant 
parties in the record.  
(2) The record pursuant to the provisions of paragraph (1) shall have the same force as the court settlement: 
Provided, That to the matters that cannot be disposed of voluntarily by the relevant parties, the same shall 
not apply.  
Article 118 (Conciliation Expense, etc .) 
(1) Conciliation expense shall be borne by the applicant: Provided, That where conciliation has been concluded 
and unless otherwise expressly stipulated, the relevant parties shall share the expense equally.  
(2) Matters necessary for application of and procedures for conciliation, and payment methods of conciliation 
expense shall be prescribed by Presidential Decree.  <Newly Inserted by Act No. 9625, Apr. 22, 2009>  
(3) The amount of conciliation expense pursuant to paragraph (1) shall be determined by the Commission. 
<Amended by Act No. 9625, Apr. 22, 2009>  
Article 119 (Appraisal)  
(1) The Commission may, where a case falls under either of the following subparagraphs, make an appraisal:  
<Amended by Act No. 9625, Apr. 22, 2009>  
1. Cases where the Commission has been requested by a court or investigation agency or such for a trial or 
investigation to make an appraisal of infringement or such of copyright;  
2. Cases where the Commission has been requested by both parties concerned in conciliation of a dispute 
for conciliation of a dispute pursuant to Article 114-2 to make an appraisal of a program and electronic 
information or such related to the program.  
(2) Matters necessary for the procedures, methods, etc. of appraisal pursuant to the provisions of paragraph (1) 
shall be prescribed by Presidential Decree.  
(3) When the Commission executes appraisal pursuant to the provisions of paragraph (1), it may collect 
appraisal fee and the amount shall be determined by the Commission.  
Article 120 (Copyright Information Ce nter) 
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Page 67(1) In order to effectively execute the duties in subparagraphs 7 and 8 of Article 113, the Commission shall have 
a copyright information center.  
(2) Matters necessary for operation of the copyright information center shall be prescribed by Presidential 
Decree.  <Newly Inserted by Act No. 9625, Apr. 22, 2009>  
Article 121 Deleted.  <by Act No. 9625, Apr. 22, 2009>  
Article 122 (Support to Expense, etc.)  
(1) The State may contribute or subsidize expenses necessary for operation of the Commission within budget 
limits.  <Amended by Act No. 9625, Apr. 22, 2009>  
(2) Individuals, juristic persons or organizations may contribute money or other property to the Commission in 
order to support the execution of duties pursuant to the provisions of subparagraphs 3, 5 and 8 of Article 113.  
(3) The contributions pursuant to the provisions of paragraph (2) shall be held in a separate account and 
approval from the Minister of Culture, Sports and Tourism shall be obtained for the use thereof.  <Amended by 
Act No. 8852, Feb. 29, 2008>  
CHAPTER Ⅸ REMEDY FOR INFRINGEMENT OF RIGHTS  
Article 123 (Right of Demanding Suspension, etc. of Infringement)  
(1) Any person who holds the copyright or other rights protected under this Act (excluding the rights to be 
compensated under Articles 25, 31, 75, 76, 76-2, 82, 83 and 83-2; hereafter the same shall apply in this 
Article) may demand of a person infringing his/her rights to suspend such act or demand a person likely to 
infringe on his/her rights to take preventive measures or to provide a security for compensation for damages.  
<Amended by Act No. 9529, Mar 25, 2009>  
(2) If a person who holds the copyright or other rights protected under this Act makes a demand under 
paragraph (1), he/she 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 laying security, issue an order to 
IP/N/1/KOR/C/4 
Page 68temporarily suspend the act of infringement, or seize the objects made by the act of infringement, or to take 
other necessary measures.  
(4) In cases of paragraph (3) where a judicial decision was made that no infringement of copyright and othe r 
rights protected under this Act has been made, the applicant shall pay compensation for the damages 
caused by his/her request.  
Article 124 (Act Considered to be Infringement)  
(1) Any act falling under any of the following subparagraphs shall be considered to be infringement of copyright 
or other rights protected under this Act:  <Amended by Act No. 9625, Apr. 22, 2009>  
1. The importation into the Republic of Korea, for the purpose of distribution, of objects made by an act 
which would be an infringement of copyright or other rights protected under this Act, if they were made 
within the Republic of Korea at the time of such importation;  
2. The possession, for the purpose of distribution, of objects produced by an act of infringement of 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 facts;  
3. Exploitation in business of a reproduction (including imported goods pursuant to subparagraph 1) of a 
program made in infringement of copyright of a program by a person who has acquired it knowing such 
fact. 
(2) An act of utilizing a work in a manner prejudicial to the honor or reputation of the author shall be considered 
to be an infringement of his/her moral rights. <Amended by Act No. 10807, Jun. 30, 2011>  
(3) Deleted. <by Act No. 10807, Jun. 30, 2011>  
 
Article 125 (Claim for Damages)  
(1) Where the holder of author ’s property right or other rights (excluding author ’s moral right and performer ’s 
moral right) protected under this Act (hereinafter referred to as “holder of author ’s property right, etc. ”) 
claims compensation against a person who has infringed on his/her rights intentionally or by negligence for 
IP/N/1/KOR/C/4 
Page 69damages sustained from the relevant infringement, if the infringing person has gained any profit by his/her 
infringement, the relevant amount of profit shall be presumed to be the amount of damages sustained by the 
holder of author ’s property right, etc.  
(2) Where the holder of author ’s property right, etc. claims compensa tion against a person who has infringed on 
his/her rights intentionally or by negligence for damages sustained from the relevant infringement, the 
amount corresponding to that normally gained by an exercise of such rights shall be made as the amount of 
damages sustained by the holder of author ’s property right, etc., and a claim therefor may be made.  
(3) Notwithstanding the provisions of paragraph (2), where an amount of damages sustained by the holder of 
author’s property right, etc., is in excess of the a mount under paragraph (2), a claim for such exceeding 
amount may be made.  
(4) Any person who has infringed on copyright, right of exclusive publication (including cases applied mutatis 
mutandis  under Articles 88 and 96), right of publication, neighboring right or right of database producer 
which is registered shall be presumed to have made negligence in the relevant infringement.  <Amended by 
Act No. 9625, Apr. 22, 2009; Act No. 11110, Dec. 2, 2011>  
Article 125 -2 (Claim of Statutory Damages)  
(1) A holder of author's property right, etc. may claim considerable damages within the scope of up to ten million 
won (50 million won in cases of intentionally infringing rights for profit) for each work, etc. whose right is 
infringed in lieu of the actual amount of damages or the amount of damages determined pursuant to Article 
125 or 126 against a person who has infringed on rights intentionally or by negligence before the defense in 
a trial is concluded.  
(2) For the purpose of paragraph (1), compilation works and derivative works which use two or more works as 
their material shall be deemed one work.  
(3) In order for the holder of author's property right, etc. to make a request pursuant to paragraph (1), relevant 
works, etc. shall be registered pursuant to Articles 53 through 55 (including cases applied mutatis mutandis  
under Articles 90 and 98) before the act of infringement occurs.  
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Page 70(4) In receipt of a request under paragraph (1), the court may acknowledge a considerable amount of damages 
within the scope under paragraph (1) in consideration of the purport of defense and the results of evidence 
investigation.  
[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]  
Article 126 (Acknowledgement of Loss Amounts)  
When the fact is admitted that some losses have been incurred, but it is difficult to compute the loss 
amounts under Article 125, the court may acknowledge a considerable loss amount, in the light of the 
purport of pleading and the results of evidence investigation.  
Article 127 (Right of Demanding Restoration of Reputation, etc.)  
The author or performer may demand of the person who has infringed on the author ’s moral right or 
performer ’s moral right intentionally or by negligence to take measures necessary for the restoration of 
his/her reputation in return for  or together with compensation for damages.  
Article 128 (Protection of Author ’s Moral Profits after Death)  
After the death of an author, his/her bereaved family (referring to the surviving spouse, children, parents, 
grand children, grand parents, brothers and sisters of the deceased author) or the executor of his/her will 
may, under Article 123, demand a person who has violated or is likely to violate the provisions of Article 14 
(2) in respect of the work concerned, or, under Article 127, demand a person who has infringed on author ’s 
moral right intentionally or by negligence or who has violated the provisions of Article 14 (2) for restoration of 
his/her reputation.  
Article 129 (Infringement on Rights to Joint Work)  
Each author of a joint work or each holder of author ’s property right to a joint work shall be entitled to make 
request pursuant to Article 123 without the consent of other authors or other holders of author ’s property 
right, or to make request for compensation for damages to his/her share in a j oint work regarding the 
infringement on author ’s property right pursuant to Article 125.  
Article 129 -2 (Provision of Information)  
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Page 71(1) Where deemed necessary for collecting evidence upon request of the principal in a lawsuit against the 
infringement of copyright or other rights protected pursuant to this Act, the court may order the other party to 
provide the following information that he/she owns or knows:  
1. Information capable of specifying the act of infringement or a person related to the production and 
distribution of illegal reproductions;  
2. Information on the routes of production and distribution of illegal reproductions.  
(2) Notwithstanding the provisions of paragraph (1), the other party may refuse to provide information in either 
of the following cases:  
1. Where any of the following persons might be indicted or found guilty:  
(a) The other party;  
(b) A person who is or was a relative of the other party;  
(c) The other party's guardian;  
2. Where it is intended to protect trade secrets (referring to trade secrets under subparagraph 2 of Article 2 
of the Unfair Competition Prevention and Trade Secret Protection Act; hereinafter the same shall apply) 
or privacy, or where other justifiable grounds for refusing the provision of information exist.  
(3) Where the other party fails to comply with the order to provide information without any justifiable ground, the 
court may recognize the principal's argument on information as true.  
(4) Where deemed necessary to determine whether there are justifiable grounds prescribed in paragraph (2) 2, 
the court may require the other party to provide necessary information. In such cases, the court shall not 
disclose the provided information to anyone, unless it is necessary to hear the opinion of the principal who 
has requested the provision of information or his/her representative in order to determine whether the 
justifiable grounds exist.  
[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]  
Article 129 -3 (Confidentiality Order)  
(1) Where all of the following grounds have been substantiated in regard to the trade secrets owned by the 
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Page 72principal in a lawsuit against the infringement of copyright or other rights protected pursuant to this Act 
(excluding rights to receive compensation under Articles 25, 31, 75, 76, 76-2, 82, 83, 83-2 and 101-3; 
hereafter the same shall apply in this Article), the court may, by decision, order the other party, a person 
who represents the principal in the lawsuit or other persons who have become aware of the trade secrets 
from the lawsuit not to use such trade secrets for purposes other than the purpose of continuing the lawsuit 
or disclose such trade secrets to persons other than those related to the trade secrets and issued with the 
order under this paragraph, upon request of the principal: Provided , That this shall not apply where, until 
such request is made, the other party, a person who represents the principal in the lawsuit or other persons 
who have become aware of the trade secrets from the lawsuit have already obtained such trade secrets by 
means other than the perusal of preparation documents or evidence investigation under subparagraph 1:  
1. That trade secrets are included in preparation documents that have already been submitted or that need 
to be submitted or in evidence (including information provided pursuant to Article 129-2 (4)) that has 
already been investigated or that needs to be investigated;  
2. That the use or disclosure of trade secrets under subparagraph 1 for purposes other than the purpose of 
carrying out the lawsuit is likely to harm the principal's business, and thus it is necessary to restrict the 
use or disclosure of trade secrets in order to prevent such harm.  
(2) The request for an order under paragraph (1) (hereinafter referred to as "confidentiality order") shall be made 
in documents stating the following matters:  
1. A person to receive the confidentiality order;  
2. The facts that are sufficient to specify the trade secrets subject to the confidentiality order;  
3. The facts falling under the grounds prescribed in each subparagraph of paragraph (1).  
(3) Where the confidentiality order has been decided, the notice of decision shall be served on the person who 
receives the confidentiality order.  
(4) The confidentiality order shall take effect from the time the notice of decision under paragraph (3) is served 
on the person who receives the confidentiality order.  
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Page 73(5) An immediate appeal may be made against a trial that has dismissed or rejected the request for the 
confidentiality order.  
[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]  
Article 129 -4 (Revocation of Confidentiality Order)  
(1) Where a person who has requested or receives the confidentiality order fails to meet, or no longer meets, 
the requirements prescribed in Article 129-3 (1), he/she may request the court keeping the records of 
proceedings (where no court is keeping the records of proceedings, referring to the court that has issued the 
confidentiality order) to revoke the order.  
(2) Where a trial is conducted for the request for revocation of the confidentiality order, the notice of decision 
shall be served on the requesting person and the opposite party.  
(3) An immediate appeal may be made against a trial for the request for revocation of the confidentiality order.  
(4) A trial to revoke the confidentiality order shall take its effect only when it becomes final and conclusive.  
(5) Where any person other than a person who requested the revocation of the confidentiality order and the 
opposite party has received the confidentiality order about the relevant trade secrets, the court that held the 
trial to revoke the confidentiality order shall immediately notify such person of the purport of the trial to 
revoke the confidentiality order.  
[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]  
Article 129 -5 (Notification, etc. of Requests for Perusal, etc. of Records of Proceedings)  
(1) Where a decision under Article 163 (1) of the Civil Procedure Act has been made in regard to the records of 
proceedings of the trial that issued the confidentiality order (excluding a trial that revokes all the 
confidentiality orders), if the principal has requested the perusal, etc. of the part containing confidentiality 
prescribed in the same paragraph through a person who has not received the confidentiality order in the 
relevant lawsuit, the court administrative officer, junior court administrative officer, chief court clerk or senior 
court clerk (hereafter referred to as "junior court administrative officer, etc." in this Article) shall notify the 
principal who made the request under Article 163 (1) of the Civil Procedure Act (excluding a person who 
IP/N/1/KOR/C/4 
Page 74requested the perusal, etc. thereof) of the purport of such request, right after the request for perusal, etc. 
thereof is made.  
(2) In cases falling under paragraph (1), no junior court administrative officer, etc. shall allow the person who 
has taken the procedures for such request to peruse, etc. the part containing confidentiality under paragraph 
(1) until two weeks pass from the date of request under paragraph (1) (where the request for the 
confidentiality order for the person who has taken the procedures for such request is made within the period, 
referring to the point when the trial for such request becomes final and conclusive).  
(3) In regard to allowing the person who has requested the perusal, etc. under paragraph (1) to peruse, etc. the 
part containing confidentiality under paragraph (1), paragraph (2) shall not apply where all of the principals 
who have made a request under Article 163 (1) of the Civil Procedure Act consent thereto.  
[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]  
 
CHAPTER Ⅹ SUPPLEMENTARY PROVISIONS  
Article 130 (Commission and Entrustment of Authority)  
The Minister of Culture, Sports and Tourism may commission part of his/her authority pursuant to this Act to 
the Special Metropolitan City Mayor, a Metropolitan City Mayor, Do Governor and the Governor of a Special 
Self-Governing Province as prescribed by Presidential Decree, or may entrust it to the Commission or to a 
copyri ght-related organization.  <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9625, Apr. 22, 2009>  
Article 131 (Legal Fiction as Public Official in Application of Penal Provisions)  
The members and staff of the Commission shall be considered as public officials in the application of 
Articles 129 through 132 of the Criminal Act.  
Article 132 (Fees)  
Those who apply, etc. for a matter falling under any of the following subparagraphs pursuant to this Act shall 
pay a fee, as stipulated by Ordinance of the Ministry of Culture, Sports and Tourism:  <Amended by Act No. 
8852, Feb. 29, 2008; Act No. 9625, Apr. 22, 2009; Act No. 11110, Dec. 2, 2011>  
IP/N/1/KOR/C/4 
Page 751. Those who apply for approval of legal license (including the cases applied mutatis mutandis pursuant to 
Articles 89 and 97) pursuant to Articles 50 through 52;  
2. Those who apply for registration (including the cases applied mutatis mutandis pursuant to Articles 90 
and 98), change of the registered matters, perusal of register and service of copies thereof pursuant to 
Articles 53 through 55;  
3. Those who apply for permission or report on copyright management service pursuant to Article 105.  
 
Article 133 (Collection, Scrapping and Deletion of Illegal Reproduction)  
(1) When the Minster of Culture, Sports and Tourism, the Special Metropolitan City Mayor, a Metropolitan City 
Mayor, a Do Governor and the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu 
(referring to the head of an autonomous Gu) finds out reproductions (excluding reproductions which are 
forwarded through information and communication networks) that infringe on the copyright or other rights 
protected pursuant to this Act, or machinery, equipment, information and programs manufactured to 
incapacitate the technical protective measures of works, etc., he/she may have the relevant public officials 
collect, destroy or delete them pursuant to the procedures and methods prescribed by Presidential Decree.  
<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9625, Apr. 22, 2009>  
(2) The Minster of Culture, Sports and Tourism may entrust the duties pursuant to the provisions of paragraph 
(1) to an organization prescribed by Presidential Decree. In such cases, those who are engaged in these 
duties shall be deemed public officials.  <Amended by Act No. 8852, Feb. 29, 2008>  
(3) Where the relevant public officials, etc. collect, destroy or delete them pursuant to paragraphs (1) and (2), 
the Minster of Culture, Sports and Tourism may request the relevant organization for cooperation if 
necessary.  <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9625, Apr. 22, 2009>  
(4) Deleted.  <by Act No. 9625, Apr. 22, 2009>  
(5) The Minister of Culture, Sports and Tourism may set up and operate structures necessary for the duties 
pursuant to paragraph (1).  <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9625, Apr. 22, 2009>  
IP/N/1/KOR/C/4 
Page 76(6) Where the provisions of paragraphs (1) through (3) conflict with the provisions of other Acts, this Act shall 
take precedence.  <Amended by Act No. 9625, Apr. 22, 20 09> 
Article 133 -2 (Orders, etc. for Deletion of Illegal Reproductions, etc. through Information and Communications 
Network)  
(1) Where a reproduction or information which infringes on copyright or other rights protected under this Act, or 
a program or information (hereinafter referred to as "illegal reproductions, etc.") which incapacitates 
technical protection measures is transmitted through information and communications network, the Minister 
of Culture, Sports and Tourism may give orders following the deliberation of the Commission that an online 
service provider should take measures referred to in the following subparagraphs, as prescribed by 
Presidential Decree:  
1. Warnings to reproducers and transmitters of illegal reproductions, etc.;  
2. Deletion or suspension of transmission of illegal reproductions, etc.  
(2) Where any reproducer and transmitter who received warnings pursuant to paragraph (1) 1 three times or 
more has transmitted illegal reproductions, etc., the Minister of Culture, Sports and Tourism may give orders 
following the deliberation by the Commission that an online service provider should suspend an account 
(excluding an exclusive account for e-mail and including other accounts given by the relevant online service 
provider; hereinafter the same shall apply) of the relevant reproducer and transmitter within a fixed period of 
up to six months. <Amended by Act No. 11110, Dec. 2, 2011>  
(3) An online service provider who has received orders pursuant to paragraph (2) shall, seven days before 
he/she suspends an account of the relevant reproducer and transmitter, notify the relevant reproducer and 
transmitter of the fact that the relevant account will be suspended, as prescribed by Presidential Decree.  
(4) Where, as a bulletin board for which orders pursuant to paragraph (1) 2 have been given more than three 
times from among bulletin boards (referring to bulletin boards providing commercial interests or utilization 
convenience from among the bulletin boards referred to in Article 2 (1) 9 of the Act on Promotion of 
Information and Communications Network Utilization and Information Protection, etc.; hereinafter the same 
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Page 77shall apply) established in information and communications network of an online service provider, the 
relevant bulletin board is judged to seriously harm the utilization order of copyright or so in the light of the 
form of the relevant bulletin board and the quantity and character of reproductions posted, the Minister of 
Culture, Sports and Tourism may give orders following the deliberation of the Commission that the online 
service provider should suspend the whole or part of the relevant bulletin board service within a fixed period 
not exceeding six months, as prescribed by Presidential Decree.  
(5) An online service provider who has received orders pursuant to paragraph (4) shall, from ten days before 
he/she suspends the relevant bulletin board service, post the fact that the relevant bulletin board service is 
suspended on the Internet homepage of the relevant online service provider and on the relevant bulletin 
board, as prescribed by Presidential Decree.  
(6) An online service provider shall notify the Minister of Culture, Sports and Tourism of the result of measures 
taken within five days from the receipt date of orders where he/she has received orders pursuant to 
paragraph (1), within ten days from the receipt date of orders where he/ she has received orders pursuant to 
paragraph (2), within 15 days from the receipt date of orders where he/she has received orders pursuant to 
paragraph (4), as prescribed by Presidential Decree.  
(7) The Minister of Culture, Sports and Tourism shall give an opportunity of presentation of an opinion in 
advance to online service providers subject to orders referred to in paragraphs (1), (2) and (4), to 
reproducers and transmitters who have direct stake in orders pursuant to paragraph (2) and to operators of 
bulletin boards pursuant to paragraph (4). In such cases, Articles 22 (4) through (6) and 27 of the 
Administrative Procedures Act shall apply mutatis mutandis to the presentation of an opinion.  
(8) The Minister of Culture, Sports and Tourism may establish and operate an organization necessary to 
perform affairs pursuant to paragraphs (1), (2) and (4).  
[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]  
Article 133 -3 (Recommendation of Correction)  
(1) Where the Commission, as a result of investigation into information and communications network of an 
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Page 78online service provider, has found a fact that illegal reproductions, etc. have been transmitted, it may 
deliberate on it and recommend an online service provider to take corrective measures falling under the 
following subparagraphs:  
1. Warnings to reproducers and transmitters of illegal reproductions, etc.;  
2. Deletion and suspension of transmission of illegal reproductions, etc.;  
3. Suspension of accounts of reproducers and transmitters who have repeatedly transmitted illegal 
reproductions, etc.  
(2) An online service provider shall notify the Commission of the result of measures taken within five days from 
the receipt date of recommendation where he/she has received recommendation pursuant to paragraph (1) 
1 and 2, and within ten days from the receipt date of recommendation where he/she has received 
recommendation pursuant to paragraph (1) 3.  
(3) Where an online service provider does not comply with the recommendation pursuant to paragraph (1), the 
Commission may request the Minister of Culture, Sports and Tourism to give orders pursuant to Article 133-
2 (1) and (2) to him/her.  
(4) Where, pursuant to paragraph (3), the Minister of Culture, Sports and Tourism gives orders pursuant to 
Article 133-2 (1) and (2), the deliberation of the Commission shall not be required.  
[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]  
 
Article 134 (Projects for Creation o f Sound Environment for Utilization of Works)  
(1) The Minister of Culture, Sports and Tourism may execute projects necessary for promotion of fair use of 
works, such as provision of information on works, etc. copyright of which has expired.  <Amended by Act No. 
9625, Apr. 22, 2009>  
(2) Matters necessary for projects under paragraph (1) shall be prescribed by Presidential Decree.  <Amended by 
Act No. 9625, Apr. 22, 2009>  
(3) Deleted.  <by Act No. 9625, Apr. 22, 2009>  
IP/N/1/KOR/C/4 
Page 79Article 135 (Donation of Author’s Property Right, etc.)  
(1) The holder of author ’s property right, etc. may donate their rights to the Minister of Culture, Sports and 
Tourism.  <Amended by Act No. 8852, Feb. 29, 2008>  
(2) The Minister of Culture, Sports and Tourism may designate an organization capable of equally managing the 
rights to the works, etc. donated by the holder of author ’s property right, etc.  <Amended by Act No. 8852, Feb. 
29, 2008>  
(3) The organization that has been designated pursuant to the provisions of paragraph (2) shall not utilize the 
works, etc. for commercial purposes or against the intention of the relevant holder of author ’s property right, 
etc. 
(4) Matters necessary for the procedures of donation, designation of organization, etc. pursuant to the 
provisions of paragraphs (1) and (2) shall be prescribed by Presidential Decree.  
 
CHAPTER Ⅺ PENAL PROVISIONS  
Article 136 (Penal Provisions)  
(1) Any person who falls under either of the following subparagraphs shall be punished by imprisonment for not 
more than five years or by a fine not exceeding 50 million won, or may be punished by both: <Amended by 
Act No. 11110, Dec. 2, 2011>  
1. A person who infringes on copyright or other property rights protected pursuant to this Act (excluding the 
rights under Article 93) by means of reproduction, performance, public transmission, exhibition, 
distribution, lease, or preparation of derivative works;  
2. A person who violates the court order under Article 129-3 (1) without justifiable grounds.  
(2) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not 
more than three years or by a fine not exceeding 30 million won, or may be punishable by both:  <Amended by 
Act No. 9625, Apr. 22, 2009; Act No. 10807, Jun. 30, 2011; Act No. 11110, Dec. 2, 2011>  
IP/N/1/KOR/C/4 
Page 801. A person who defames the honor of author or performer by infringing on author's moral right or 
performer's moral right;  
2. A person who files for registration pursuant to Articles 53 and 54 (including cases applied mutatis 
mutandis pursuant to Articles 90 and 98) deceitfully;  
3. A person who infringes on the right of a database producer protected pursuant to Article 93 by means of 
reproduction, distribution, broadcasting or forwarding;  
3-2. A person who violates Article 103-3 (4);  
3-3. A person who violates Article 104-2 (1) or (2) for his/her own business or for profit;  
3-4. A person who violates Article 104-3 (1) for his/her own business or for profit: Provided , That a person 
who, by negligence, has not known that such act causes or conceals the infringement of copyright or 
other rights protected pursuant to this Act shall be excluded herefrom;  
3-5. A person who conducts an act falling under subparagraph 1 or 2 of Article 104- 4; 
3-6. A person who violates Article 104- 5; 
3-7. A person who violates Article 104- 7; 
4. A person who performs an act deemed an infringement pursuant to Article 124 (1);  
5. and 6. Deleted. <by Act No. 10807, Jun. 30, 2011>  
Article 137 (Penal Provisions)  
(1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not 
more than one year or by a fine not exceeding ten million won: <Amended by Act No. 9625, Apr. 22, 2009; Act 
No. 11110, Dec. 2, 2011>  
1. A person who makes a work public under the real name or second name of a person other than the 
author;  
2. A person who presents or publicly transmits a performance, or distributes reproductions of performance 
under the real name or second name of a person other than the performer;  
3. A person who violates Article 14 (2);  
IP/N/1/KOR/C/4 
Page 813-2. A person who conducts an act falling under subparagraph 3 of Article 104- 4; 
3-3. A person who violates Article 104- 6; 
4. A person who operates copyright trust management business without obtaining permission pursuant to 
Article 105 (1);  
5. A person who commits an act deemed an infringement pursuant to Article 124 (2);  
6. A person who obstructs the business of an online service provider by making a demand by intention for 
the suspension or resumption of a reproduction or transmission under Article 103 (1) or (3), upon 
knowing that he/she had no legitimate authority;  
7. A person who violates Article 55-2 (including cases applied mutatis mutandis pursuant to Articles 90 and 
98). 
(2) A person who attempts a crime under paragraph (1) 3-3 shall be punished. <Newly Inserted by Act No. 11110, 
Dec. 2, 2011>  
Article 138 (Penal Provisions)  
Any person who falls under any of the following subparagraphs shall be punished by a fine not exceeding 
five million won: <Amended by Act No. 11110, Dec. 2, 2011>  
1. A person who violates Article 35 (4);  
2. A person who fails to indicate the sources, in violation of Article 37 (including the cases applied mutatis 
mutandis pursuant to Articles 87 and 94);  
3. A person who fails to put a mark of the holder of author's property right, in violation of Article 58 (3) 
(including cases applied mutatis mutandis  under Articles 63-2, 88 and 96);  
4. A person who fails to notify the author, in violation of Article 58-2 (2) (including cases applied mutatis 
mutandis  under Articles 63-2, 88 and 96);  
5. A person who engages in a copyright agency and brokerage business without reporting pursuant to 
Article 105 (1), or who continues the services after receipt of an order to close the services pursuant to 
Article 109 (2).  
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Page 82Article 139 (Confiscation)  
Among reproductions made by infringing on copyright or other rights protected pursuant to this Act and tools 
and materials mainly used for the production of such reproductions, those owned by the infringing person, 
printer, distributor or public performer shall be confiscated. <Amended by Act No. 11110, Dec. 2, 2011>   
[This Article Wholly Amended by Act No. 10807, Jun. 30, 2011]  
Article 140 (Complaint)  
The crimes under this Chapter shall be prosecuted only when the injured party has made a complaint: 
Provided, That in cases falling under any of the following subparagraphs, the same shall not apply:  
<Amended by Act No. 9625, Apr. 22, 2009; Act No. 11110, Dec. 2, 2011>  
1. Where an act falling under Article 136 (1) 1 or 136 (2) 3 and 4 (in cases falling under Article 124 (1) 3, the 
act shall not be punishable against the expressive opinion of the victim) has been committed habitually 
for profit-making;  
2. Cases falling under Article 136 (2) 2 and 3-2 through 3-7, Article 137 (1) 1 through 4, 6 and 7, and 
subparagraph 5 of Article 138;  
3. Deleted. <by Act No. 11110, Dec. 2, 2011>  
Article 141 (Joint Penal Provisions)  
If a representative of a juristic person, or an agent, employee or other employed persons of a juristic person 
or an individual has committed a crime as prescribed under this Chapter with respect to the affairs of the 
juristic person or the individual, the fine prescribed under the relevant Articles shall be imposed on such a 
juristic person or an individual in addition to the punishment of the offender: Provided, That where a juristic 
person or an individual has not neglected to pay reasonable attention to and supervise the relevant affairs in 
order to prevent such an offense, the same shall not appl y. <Amended by Act No. 9625, Apr. 22, 2009>  
Article 142 (Fines for Negligence)  
(1) A person who has failed to take necessary measures pursuant to Article 104 (1) shall be punished by a fine 
for negligence not exceeding 30 million won.  <Amended by Act No. 9625, Apr. 22, 2009>  
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Page 83(2) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not 
exceeding ten million won:  <Amended by Act No. 9625, Apr. 22, 2009; Act No. 11110, Dec. 2, 2011>  
1. A person who fails to comply with the order of the Minister of Culture, Sports and Tourism under Article 
103-3 (2);  
2. A person who fails to perform his/her duty pursuant to Article 106;  
3. A person who uses the title of the Korea Copyright Commission, in violation of Article 112 (4);  
4. A person who fails to carry out orders given by the Minister of Culture, Sports and Tourism pursuant to 
Article 133-2 (1), (2) and (4);  
5. A person who fails to give notice pursuant to Article 133-2 (3), to post notice pursuant to paragraph (5) of 
the same Article, to give notice pursuant to paragraph (6) of the same Article.  
(3) A fine for negligence pursuant to paragraphs (1) and (2) shall be imposed and collected by the Minister of 
Culture, Sports and Tourism, as prescribed by Presidential Decree.  <Amended by Act No. 9625, Apr. 22, 2009>  
(4) and (5) Deleted.  <by Act No. 9625, Apr. 22, 2009>  
 
ADDENDA  
Article 1 (Enforcement Date)  
This Act shall enter into force six months after the date of its promulgation: Provided, That the provisions of 
Article 133 (1) and (3) shall enter into force on the date of its promulgation.  
Article 2 (Transitional Measures concerning Extent of Application)  
(1) Regarding the works, etc. whose copyright has become extinct entirely or in part or has not been 
protected entirely or in part pursuant to the former provisions before this Act enters into force, this Act shall 
not apply to that part.  
(2) The utilization of works, etc. performed before the enforcement of this Act shall be governed by the 
previous provisions.  
(3) The provisions of the previous Addenda shall continue to apply even after this Act enters into force: 
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Page 84Provided , That the provisions of transitional measures concerning the protection period of neighboring rights 
under paragraph (3) of the Addenda of the Copyright Act amended by Act No. 4717 shall be excluded 
herefrom. <Amended by Act No. 11110, Dec. 2, 2011>  
Article 3 (Transitional Measures concerning Music Record Producer)  
Music record producers pursuant to the previous provisions shall be deemed music record producers under 
this Act.  
Article 4 (Transitional Measures concerning Author of Work in Organization's Name)  
The previous provisions shall apply to the author of a work that has been made out pursuant to the previous 
provisions of Article 9 before this Act enters into force.  
Article 5 (Transitional Measures concerning Designation of Organization)  
The organization designated to receive compensation pursuant to the previous provisions before this Act 
enters into force shall be deemed an organization designated pursuant to this Act.  
 
Article 6 (Transitional Measures concerning Legal License)  
The legal license under the previous provisions at the time this Act enter into force shall be deemed the legal 
license under this Act.  
Article 7 (Transitional Measures con cerning Registration)  
The registration pursuant to the previous provisions at the time this Act enters into force shall be deemed the 
registration under this Act: Provided, That the registration of name, etc. of the holder of author's property 
right made pursuant to the previous provisions of Article 51 shall be governed by the previous provisions.  
Article 8 (Transitional Measures concerning Counting of Protection Period of Music Record)  
The counting of protection period of the music record that was fixed before this Act entered into force but 
has not been released yet shall be governed by this Act.  
Article 9 (Transitional Measures concerning Undistributed Compensation)  
The provisions of Article 25 (8) of this Act (including the cases applied mutatis mutandis pursuant to the 
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Page 85provisions of Articles 31 (6), 75 (2) and 82 (2)) shall also apply to the compensation money that has been 
received pursuant to the previous provisions of Articles 23 (3), 28 (5), 65 and 68 before this Act enters into 
force. In such cases, the date of notification of distribution for each compensation shall be deemed the last 
day of the year to which the day when the holder of right is able to receive the compensation concerned for 
the first time from the compensation paying organization belongs.  
Article 10 (Transitional Measures concerning Performer's Moral Right)  
The provisions of Articles 66 and 67 of this Act shall not apply to the performance presented before this Act 
enters into force.  
Article 11 (Transitional Measures concerning Copyright Management Service Provider)  
Those who have received permission for copyright management service pursuant to the previous provisions 
at the time this Act enters into force shall be deemed those who have received the permission for copyright 
trust management business, and those who have reported the copyright management service shall be 
deemed those who have reported the copyright agency and brokerage business.  
Article 12 (Transitional Measures concerning Fee and Usage Fee for Copyright Trust Manag ement Business 
Provider)  
The rate or amount of fee and usage fee for copyright trust management business provider that has been 
approved pursuant to the previous provisions shall be deemed to have been approved pursuant to this Act.  
 
Article 13 (Transition al Measures concerning Copyright Committee, etc.)  
The Copyright Deliberation and Conciliation Committee and the members therof under the previous 
provisions shall be deemed the Copyright Committee and the members therof pursuant to the provisions of 
Chapte r Ⅷ of this Act.  
Article 14 (Transitional Measures concerning Application of Penal Provisions)  
The application of penal provisions to an act before this Act enters into force shall be governed by the 
previous provisions.  
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Page 86Article 15 Omitted.  
Article 16 (Relationship with other Acts and Subordinate Statutes)  
Where the previous provisions are cited in other Acts and subordinate statutes at the time this Act enters 
into force, the corresponding provisions in this Act shall be deemed to have been cited.  
ADDENDA  <Act No. 8852, Feb. 29, 2008>  
Article 1 (Enforcement Date)  
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)  
Articles 2 through 7 Omitted.  
ADDENDUM  <Act No. 9529, Mar. 25, 2009>  
This Act shall enter into force six months after the date of its promulgation.  
ADDENDA  <Act No. 9625, Apr. 22, 2009>  
Article 1 (Enforcement Date)  
This Act shall enter into force three months after the date of its promulgation.  
Article 2 (Repeal of Computer Programs Protection Act)  
The Computer Programs Protection Act shall be repealed.  
Article 3 (Preparation of Establishment of Commission)  
(1) An action of preparation made to establish the Commission pursuant to this Act may be made before this 
Act enters into force.  
(2) The Minister of Culture, Sports and Tourism shall organize the founding committee to take charge of 
affairs relating to the establishment of the Commission.  
(3) The founding committee shall be comprised of not more than five members appointed by the Minister of 
Culture, Sports and Tourism, and the chairperson of the Copyright Commission pursuant to Article 112 of 
the previous Copyright Act shall be the chairperson of the founding committee.  
(4) The founding committee shall prepare the articles of association to obtain authorization of the Minister of 
Culture, Sports and Tourism before this Act enters into force.  
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Page 87(5) When the founding committee has obtained authorization pursuant to paragraph (4), it shall make 
registration for the establishment of the Commission.  
(6) Expenses incurred in the establishment of the Commission shall be borne by the State.  
(7) After the founding committee has registered the establishment of the Commission pursuant to paragraph 
(5), it shall transfer affairs to the chairperson of the Commission without delay, and the founding committee 
members shall be deemed to have been dismissed when transfer of affairs has been completed.  
Article 4 (Transitional Measures concerning Affairs, Rights and Duties, Employment of Copyright Commission 
and Computer Programs Prot ection Committee)  
(1) The Korea Copyright Commission shall take over affairs, rights and duties and employment of staff of the 
Copyright Commission and the Computer Programs Protection Committee pursuant to Articles 112 through 
122 of the previous Copyright Act and Articles 35 through 43 of the previous Computer Programs Protection 
Act at the time this Act enters into force.  
(2) The chairperson and members of the Copyright Commission pursuant to Article 112 of the previous 
Copyright Act at the time this Act enters into force shall be deemed the chairperson and members of the 
Korea Copyright Commission, and the term of office shall be reckoned from the time when a term of office of 
the chairperson and members of the previous Copyright Commission began.  
Article 5 (Transitional Measures concerning Scope of Application)  
(1) With respect to works, etc. the whole or part of the right of which, protected by the previous Copyright Act 
and the previous Computer Programs Protection Act, has terminated or has not been protected before this 
Act enters into force, this Act shall not apply to the part thereof.  
(2) Use of programs made before this Act enters into force shall be in accordance with the previous 
Computer Programs Protection Act.  
Article 6 (Transitional Measures concerning Legal License)  
Acts referred to in the following subparagraphs done under the previous Computer Programs Protection Act 
before this Act enters into force shall be deemed to have been done pursuant to this Act:  
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Page 881. Legal license;  
2. Designation of an entrusted managing institution of copyright of programs;  
3. Deposit of programs and designation of the Trustee;  
4. Registration of programs;  
5. Transfer registration of copyright of programs;  
6. Measures for collection of illegal reproductions;  
7. Orders for correction and recommendation of correction of illegal reproductions, etc.;  
8. Mediation and conciliation of disputes;  
9. Appraisal of programs.  
Article 7 (Transitional Measures concerning Application of Penalty Provisions)  
In application of the penal provisions pursuant to the previous Computer Programs Protection Act to acts 
done before this Act enters into force, it shall be in accordance with the previous Computer Programs 
Protection Act.  
Article 8 Omitted.  
Article 9 (Relation with other  Acts and Subordinate Statutes)  
Where the previous Computer Programs Protection Act or the provisions thereof are cited by other Acts and 
subordinate statutes at the time when this Act enters into force, this Act or the corresponding provisions of 
this Act shall be deemed to have been cited.  
ADDENDA  <Act No. 9785, Jul. 31, 2009>  
Article 1 (Enforcement Date)  
This Act shall enter into force six months after the date of its promulgation.  
Articles 2 through 9 Omitted.  
 
ADDENDA  <Act No. 10807, Jun. 30, 2011>  
Article 1 (Enforcement Date)  
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Page 89This Act shall enter into force on the date on which the Free Trade Agreement between the Republic of 
Korea, of the one part, and the European Union and its Member States, of the other part, takes effect: 
Provided , That the amended provisions of Articles 39 through 42 shall enter into force two years from the 
date on which the Free Trade Agreement between the Republic of Korea, of the one part, and the European 
Union and its Member States, of the other part, takes effect.  
Articles 2 (Transitional Measures concerning Scope of Application)  
With regard to works, etc. for which all or some of copyright or other rights protected pursuant to this Act 
have been extinct or not protected pursuant to the former provisions before this Act enters into force, this Act 
shall not apply.  
Article 3 (Transitional Measures concerning Restriction on Responsibilities of Online Service Providers)  
Restriction on responsibilities of online service providers for the infringement of copyright or other rights 
protected pursuant to this Act before this Act enters into force shall be governed by the former provisions, 
notwithstanding the amended provisions of Articles 102 and 103.  
Article 4 (Transitional Measures concerning Application of Penal Provisions)  
Application of penal provisions to acts done before this Act enters into force shall be governed by the former 
provisions.  
 
ADDENDA  <Act No. 11110, Dec. 2, 2011>  
Article 1 (Enforcement Date)  
This Act shall enter into force on the date on which the Free Trade Agreement between the Republic of 
Korea and the United States of America and Exchange of Letters on the Free Trade Agreement between the 
Republic of Korea and the United States of America takes effect: Provided , That the amended provisions of 
Articles 64 (2) and 86 shall enter into force on August 1, 2013.  
Article 2 (Applicability)  
The amended provisions of Articles 103-3, 125-2 and 129-2 through 129-5 shall apply, starting with the first 
IP/N/1/KOR/C/4 
Page 90infringement of rights or violation of obligations after this Act enters into force.  
Article 3 (Transitional Measures concerning Scope of Application)  
With regard to works whose copyright or other rights protected pursuant to this Act have become extinct or 
have not been protected in full or in part under the former provisions before this Act enters into force, this 
Act shall not apply to the relevant parts.  
Article 4 (Special Cases concerning Protection Period of  Neighboring Rights)  
(1) Notwithstanding the provisions of Article 3, the neighboring rights that come into being between July 1, 
1987, and June 30, 1994, pursuant to the amended provisions of Article 2 (3) of the Addenda of the 
Copyright Act amended by Act No. 8101 shall remain for 50 years counting from the year following the time 
when such rights come into being pursuant to the amended provisions of Article 70 of the Copyright Act 
amended by Act No. 4717, which entered into force on July 1, 1994 (hereafter referred to as "the same Act" 
in this Article).  
(2) Among the neighboring rights that come into being between July 1, 1987, and June 30, 1994, pursuant to 
paragraph (3) of the Addenda of the same Act, those that have become extinct because the 20-year 
protection period under the former Act (referring to the Copyright Act before the Copyright Act amended by 
Act No. 4717 enters into force; hereafter the same shall apply in this Article) has lapsed before this Act 
enters into force shall be reinstated from the enforcement date of this Act and reverted to the holder of 
neighboring rights. In such cases, such neighboring rights shall remain for the remaining period of the 
protection period that would have been acknowledged if they had been protected for 50 years counting from 
the year following the time they came into being for the first time.  
(3) Act of using performances, music records or broadcasts for which neighboring rights have been 
reinstated pursuant to paragraph (2) before this Act enters into force shall not be deemed infringement of 
rights prescribed by this Act.  
(4) Reproductions manufactured before this Act enters into force by using relevant performance, music 
records or broadcasts after neighboring rights under paragraph (2) become extinct pursuant to the former 
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Page 91Act may be continuously distributed without the permit from the holder of neighboring rights for two years 
after this Act enters into force.  
Article 5 (Transitional Measures concerning Restriction, etc. on Responsibilities of Online Servi ce Providers)  
Notwithstanding the amended provisions of Articles 102 and 103-2, the restriction on responsibilities of 
online service providers in regard to the infringement of copyright or other rights protected pursuant to this 
Act before this Act enters into force shall be governed by the former provisions.  
Article 6 (Transitional Measures concerning Exclusive Publication Right of Program)  
Exclusive publication right of programs established and registered before this Act enters into force shall be 
governed by the former provisions.  
Article 7 (Transitional Measures concerning Application of Penal Provisions)  
Application of penal provisions to acts taken before this Act enters into force shall be governed by the former 
provisions.  
Article 8 Omitted. 
 
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