WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO   
 IP/N/1/KOR/C/3 
10 October 2011 
 
(11-4899) 
  
Council for Trade-Related Aspects  of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
REPUBLIC OF KOREA 
 
 The present document reproduces the text
1 of the Copyright Act and the Enforcement Decree 
of the Copyright Act (the Computer Protection Act was integrated into the Copyright Act on 22 April 2009), as notified by the Republic of Korea on 25 October 2010 under Article 63.2 of the 
Agreement (see document IP/N/1/KOR/2).  
 Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
RÉPUBLIQUE DE CORÉE 
 
 Le présent document contient le texte
1 de la Loi sur le droit d'aute ur et du Décret d'application 
y relatif (la Loi sur la protection des ordinateurs a ét é incorporée dans la Loi sur le droit d'auteur le 
22 avril 2009), notifiés par la République de Corée le 25 octobre 2010 au titre de l'article 63:2 de 
l'Accord (voir le document IP/N/1/KOR/2). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA DE COREA 
 
 En el presente documento se reproduce el texto
1 de la Ley de Derecho de Autor y de su  
Decreto de aplicación (la Ley de Protección de Programas de Ordenador se incorporó a la Ley de Derecho de Autor el 22 de abril de 2009), notifica dos por la República de Corea el 25 de octubre 
de  2010 de conformidad con el párrafo  2 del artículo 63 del Acuerdo (véase el 
documento IP/N/1/KOR/2). 
                                                      
1 In English only/En anglais seulement./En inglés solamente.   
  IP/N/1/KOR/C/3 
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COPYRIGHT ACT 
 
 
 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 definitions of the terms used in this Ac t shall be as follows: <Amended by Act No. 9625, 
Apr. 22, 2009>  1. The term "work" means a creative 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 opening works, stage performances, music records or 
broadcasting to the public by staging, playing,  singing, orally narrating, reciting, screening, 
reproducing or other methods, including transmissi on (excluding forwarding) made in the connected 
premises in the possession of the same person; 
 4. The term "performer" means a person who giv es a stage performance by expressing works through 
acting, dancing, playing, singing, orally narrating, reciting or other artistic methods or by expressing 
things other than works in a similar method, incl uding a person who conducts, directs or supervises a 
stage performance; 
 
5. The term "music record" means that sound (refe rring 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 pers on who makes an overall plan and takes charge of 
fixing sound into music records; 
 7. The term "public transmission" means transm itting works, stage performances, music records, 
broadcasting or database (hereinaft er referred to as "works, etc.") by means of radio communication 
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 from among the public transmission;  9. The term "broadcasting service provider" m eans a person who engages in the broadcasting 
business; 
 
10. The term "forwarding" means providing works, et c. for use so that the members of the public may 
have access at the time and place of their own choi ce from among the public transmission, including 
transmission to be done accordingly;  IP/N/1/KOR/C/3 
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  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 from among the public transmission, excluding forwarding;  12. The term "digital audio transmission service  provider" means a person who engages in the 
business of digital audio transmission; 
 13. The term "cinematographic work" means a cr eative production in which a series of images 
(regardless of whether accompanied by sound) are r ecorded, and which may be seen or concurrently 
seen and heard through 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 artis tic works that may be c opied on the goods in the 
same shapes, and whose originality may be recognize d 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 w ithin devices (hereinafter referred to as "computer") 
having a capability of information processing, such as  a computer, etc., 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 compile d matters which are of cr eative nature in terms 
of selection, arrangement or composition of their subject matters;  19. The term "database" means the compiled matte rs 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 or a re-making into a tangible object by means of printing, photographing, copying, sound or visual recording, or other means; in cases of 
architectural structures, it means to carry out a cons truction in accordance with the models or plans for 
the relevant construction; 
 
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 demand 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; 
 IP/N/1/KOR/C/3 
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  26. The term "copyright trust management business" means a busin ess which continuously manages 
rights, after being entrusted by the holder of author's  property right, holder of publication right, holder 
of neighboring right or a person who has the ri ght of a database producer, including the case of 
comprehensive representation regardin g 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 publication 
right, holder of neighboring right or a pe rson who has the right of a database producer; 
 28. The term "technical protection measures" means the technical measures taken by a holder of right 
or a person who has obtained the said holder's con sent, in order to effectively prevent the acts 
infringing on copyrights and other rights protected under this Act;  29. The term "rights management information" means the information falling under any of the 
following items or the numerals or symbols indicating the said information, where each information is 
attached to the original or reproduction of the works, etc., or is accompanied with the public 
performance, execution or public transmission:  (a) Information to identify the works, etc.; (b) Information to identify the authors, the holde rs of author's property right, publication right, 
exclusive publication right of program or neighboring copyrights, or the database producers; 
(c) Information relating to the methods a nd conditions of utilizing the works, etc.; 
 30. The term "online service provider" means one who provides the services to make other persons 
capable of reproducing or transmitting the works, etc. through the information and communications 
networks (referring to the informa tion and communications networks under Article 2 (1) 1 of the Act 
on Promotion of Information and Communications Ne twork Utilization and Information Protection, 
etc.; hereinafter the same shall apply);  31. The term "professional work" means a work ma de out professionally by a person engaged in the 
duty of a juristic person, organization or other empl oyers (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 verifying the lawful holder of right for permission, etc. to utilize the works, etc.; 
 
34. The term "converse analysis of program code" means to reproduce or convert computer program 
work code in order to obtain information n ecessary for compatibility of independently created 
computer program works with other computer programs.   Article 2-2 (Formulation of Policies on Protection of Copyright) 
 
(1) The Minister of Culture, Sports and Tourism ma y formulate and execute policies referred to in the 
following subparagraphs to achieve the purpose of this Act:  1. Matters concerning a basic policy for the protectio n of copyright and creation of an environment for 
fair use of works; 
2. Matters concerning education a nd public relations for the spr ead of recognition of copyright; 
3. Matters concerning policies for the rights manageme nt information of works, etc. and for technical 
protection measures thereof.   IP/N/1/KOR/C/3 
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  (2) Matters necessary for formulation and execution of policies 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 accord ance with the treaties to which the Republic of 
Korea has acceded or which it has ratified.  
(2) The works of foreigners who permanently reside  in the Republic of Ko rea (including stateless 
persons and the foreign juristic persons having their principal offi ce in the Republic of Korea), or 
foreigners' works which are first made public in th e Republic of Korea (including works made public 
in the Republic of Korea within 30 days after th eir making public in a foreign country) shall be 
protected under this Act. 
 
(3) Even when foreigners' (excludi ng foreigners residing in the Republic of Korea at ordinary times 
and stateless persons) works are to be protected under paragraphs (1) and (2), but if the foreign 
country concerned does not protect the works of the nationals of the Republic of Korea, their 
protection under treaties and this Act may be correspondingly restricted.  
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, theses, lectures, rec itations, 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 (hereina fter referred to as a "derivative work") shall be 
protected as an independent work.  (2) The protection of a derivative work shall not aff ect the rights of the author of the original work. 
 
Article 6 (Compilation Works) 
 (1) Compilation works shall be pr otected as independent works. 
 IP/N/1/KOR/C/3 
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  (2) The protection of compilation works shall not af fect the copyright of subject matters and other 
rights protected under this Act which form constitu ent parts of the relevant compilation works. 
 Article 7 (Works Not Protected)  
No work which falls under any of the following subpa ragraphs shall be protected under this Act: 
 1. Constitution, Acts, treaties, orders, m unicipal 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 refe rred to in subparagraphs 1 through 3 which are 
produced by the State or local governments; 5. Current news reports wh ich transmit simple facts. 
 
SECTION 2 Authors Article 8 (Presumption of Authors, etc.)  (1) Any person who falls under any of the following subparagraphs shall be presumed to be an author: 
 
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 where the work is 
performed or transmitted in public. 
 
(2) If a work is void of an indication of the aut hor as prescribed under any of the subparagraphs of 
paragraph (1), the person who is indicated as publisher, public perform er or public announcer shall be 
presumed to have the 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 is 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 under Articles 16 through 22 (hereinafter referred to as "author's property 
right"). 
 
(2) A copyright shall commence from the time of its cr eation, and shall not require a fulfilment 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 to make his/her work public.  IP/N/1/KOR/C/3 
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  (2) If the author has transferred his/her property ri ght on a work which is not yet made public pursuant 
to Article 45, permitted its use pursuant to Article  46, established a right of publication on it pursuant 
to Article 57 or established an exclusive publicati on right of program on it pursuant to Article 101-6, 
he/she shall be presumed to have given the othe r party his/her consent to make it public. <Amended 
by Act No. 9625, Apr. 22, 2009> 
 
(3) If the author has transferred by assignment the origin al of his/her work of art, architectural work or 
photographic work (hereinafter referred to as "work of  art, etc.") which have 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 considered also to have been made public.  Article 12 (Right of Attribution) 
 
(1) The author shall have the right to indicate hi s/her real name or second name on the original or 
reproduction of his/her work, or in making his/ her work public.  (2) In the absence of any declaration of author's intention to the contrary , the person using his/her 
work shall indicate the author's na me in accordance with the author's manner of indicating his/her real 
name or second name: Provided, That the same sh all not apply to the case where deemed unavoidable 
in the light of the nature of a work as well as the purpose and manner of its exploitation.  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 ap ply to the modifications in substantial contents: 
<Amended by Act No. 9625, Apr. 22, 2009> 
 
1. In cases of a work being used under 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 architecture; 3. Modification within the necessary limit so that a program which cannot 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 can be used for a specific computer even 
more effectively; 5. Other modifications within the limit as deemed una voidable in the light of the nature of a work as 
well as the purpose and manner of its exploitation.  
Article 14 (Inalienability of Author's Moral Right) 
 (1) Author's moral rights shall belong exclusively to the author.  (2) Even after the death of the author, no person wh o exploits his/her work shall commit an act which 
would be prejudicial to author's moral rights if he/s he were alive: Provided, That such act is deemed 
to have not defamed the honor of the author in 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) IP/N/1/KOR/C/3 
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(1) Author's moral right to a joint work may not be  exercised without the unanimous agreement 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 original or reproduction of the work has b een offered to a deal by means of sale, etc. with 
permission of the relevant holder of author's prope rty 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 commerc ial music records or programs for the purpose of 
profit-making notwithstanding the proviso to Article  2. <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 e xploit 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 to the case where such repr oduction unreasonably prejudice the interests of the 
holder of author's property right in the light of th e kinds of work as well as the number of copies and 
the forms of reproduction. IP/N/1/KOR/C/3 
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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 Earl y Childhood Education Act, the Elementary and 
Secondary Education Act, or the Higher Education Act, educational instituti ons which are operated by 
the State or local governments and education supporti ng institutions belonging to the State or local 
governments to support lessons of those educational in stitutions may reproduce, distribute, perform in 
public, broadcast or forward part of the works al ready made public where it is recognized as necessary 
for the lessons and for the purpose 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 educati onal institution pursuant to the provisions of 
paragraph (2) may reproduce or forward the works ma de 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 fo rwarding of a work pursuant to paragraph (2) is 
done at high schools, their equivalents or lower le vel 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 follow ing 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 c onsent from the organization in advance: <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 a holder of ri ght to compensation, the organization pursuant to 
the provisions of paragraph (5) shall not refuse to exer cise the right for him/her even if he/she is not a 
member. 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. 
 
(7) Where the organization pursuant to the provi sions of 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>  IP/N/1/KOR/C/3 
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  1. When it has come to fall short of the require ments pursuant to the provisions of 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 fo r a considerable period of time. 
 
(8) The organization pursuant to the provisions of  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 revocati on of an organization pursuant to the provisions 
of paragraphs (5), (7) and (8), and the regul ations defining duties, public announcement of 
compensation distribution, approval for use of undi stributed compensation for the purpose of public 
interest, etc. shall be prescribed by Presidential Decree.  
(10) Where an educational institution perform s 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 preven t violation of the right protected pursuant to this 
Act.  Article 26 (Use for Current News Report) 
 
In cases of reporting current events by means of broa dcasting, newspapers or by other means, it shall 
be permissible to reproduce, distribute, perform pub licly, transmit publicly a work seen or heard in the 
relevant courses, to the extent justified by the reporting purpose. 
 
Article 27 (Reproduction, etc. of Cu rrent News Articles and Editorials) 
 The current new articles and editorials inserted in th e newspapers and Internet  newspapers pursuant to 
the provisions of Article 2 of the Act on the Promo tion of Newspapers, etc. or the news agencies 
pursuant to the provisions of Article 2 of the Act on the Promotion of News Agency may be 
reproduced, distributed or broadcasted by other or gans of expression: Provided, That there is an 
indication prohibiting the use thereof, the same  shall not apply. <Amended by Act No. 9785, 
Jul. 31, 2009>  Article 28 (Quotation from Works Made Public)  
Works already made public may be quoted for news report, criticism, education, research, etc., when 
they agree with the fair practice within the reasonable scope.  Article 29 (Public Performance and Br oadcasting 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 in retu rn 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 sam e shall not apply to the cases as prescribed by 
Presidential Decree.  Article 30 (Reproduction for Private Use) IP/N/1/KOR/C/3 
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It shall be permissible for a user to reproduce by  himself/herself, 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 as prescribed by Presidential Decree (including 
the heads of relevant facilities; hereinafter refe rred to as "libraries, etc.") among facilities which 
provide books, documents, records a nd other materials (hereinafter refe rred to as "books, etc.") for the 
public use, may reproduce the works by utilizing books , etc. held by the re levant libraries, etc. 
(including the books, etc. reproduced by or tran smitted to the relevant libraries, etc. under the 
provisions of paragraph (3), in cases of subparagr aph 1) when it falls under any of the following 
subparagraphs: Provided, That they shall not repro duce the works in the dig ital forms 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 man at the request of 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 by them 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 exc eed the number of copies of the books, etc. held 
by said libraries, etc. or of those for which pe rmission for use has been obtained from the person 
holding the copyrights 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 within other libraries, etc. by utilizi ng computers: Provided, That the same shall not 
apply in the case where the whole or part of bo oks, 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 the digital forms,  the libraries, etc. shall 
be prohibited from reproducing them in the digital forms.  (5) Where the libraries, etc. repr oduce the books, etc. in the digital forms under paragraph (1) 1, and 
where they reproduce or transmit the books, etc. un der paragraph (3) so as to make them perused 
within other libraries, etc., they shall pay the co mpensation money to the holder of author's property 
right under the standard as 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. whic h 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 compensation pursuant to paragraph (5).  IP/N/1/KOR/C/3 
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  (7) Where the libraries, etc. reproduce or tran smit the books, etc. in the digital forms under 
paragraphs (1) through (3), they shall take necessar y measures prescribed by Presidential Decree, such 
as those to prevent any reproduction, in order to prevent any infringements on copyrights and other rights protected under this Act.  
(8) Where the National Library of Korea collects onlin e materials to preserve pursuant to Article 20-2 
of the Libraries Act, it may reproduce the releva nt 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 examinati ons 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 as pre scribed by Presidential Decree (including the heads 
of relevant facilities) from among those for the promo tion of welfare of the visually handicapped, etc. 
to make a sound recording of the literary works alr eady 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 reco rding 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 the provisions of paragraphs (1) and (2) shall be prescribed by Presidential Decree.  Article 34 (Temporary Sound or Video Record ings by Broadcasting Service Providers) 
 
(1) Broadcasting service providers who have the au thority to broadcast works may make temporary 
sound or video 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 paragra ph (1) may not be kept for a period exceeding one 
year from the date of sound or visual recording: Pr ovided, That they are kept as materials for public 
records at places as prescribed by Presidential Decree, the same shall not apply.  Article 35 (Exhibition 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: Provide d, That the work of art is to be permanently 
exhibited 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: Pr ovided, That in a case falling under any of the 
following subparagraphs, the same shall not apply:  1. Where a building is reproduced in another building; IP/N/1/KOR/C/3 
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  2. Where a sculpture or a painting is reproduced in another sculpture or painting; 
3. Where the reproduction is made in order to e xhibit permanently at an open place as prescribed 
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. under pa ragraph (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 or a similar photographic work pr oduced by commission shall be used without the 
consent of the commissioner. 
 Article 36 (Use by Means of Translation, etc.)  (1) If a work is used under Article 25, 29, or 30, the work may be used by means of translation, 
arrangement or adaptation. 
 (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.  Article 37 (Indication of Sources) 
 
(1) A person who uses a work under this Sub-secti on shall indicate its sour ces: Provided, That the 
same shall not apply to the cases of  Articles 26, 29 through 32, and 34. 
 (2) The indication of the sources shall be made cl early in the manner and to the extent deemed 
reasonable by the situation in which the work is u sed, and in cases of a work on which the real name 
or second name of the author of a work is indica ted, such real name or second name shall be 
indicated.  Article 37-2 (Exclusion from Application)  
Articles 23, 25, 30 and 32 shall not apply to programs. 
[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 con tinue to exist during the life time of an author and 
until the end of a period of 50 years after the deat h of the author, unless otherwise provided in this 
Sub-section: Provided, That the author's property ri ght to a work which is first made public forty 
years after the death of an author and before a peri od of 50 years has elapsed shall continue to exist 
for a period of ten years after it is made public.  
(2) The author's property right to a joint work shall continue to exist for a period of 50 years after the 
death of the last surviving author.  Article 40 (Protection Period of Anonymous and Pseudonymous Works) 
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  (1) The author's property right to a work that is unnamed or bears 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 a date 50 years 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 any of the following cases:  
 1. Where the real name or the well-known second name  of an author is rev ealed during the period as 
referred to in paragraph (1); 
2. Where the real name of an author is register ed under Article 53 (1) during the period as referred to 
in paragraph (1).  Article 41 (Protection Period of Professional Works)  
The author's property right to a pr ofessional work shall continue to ex ist 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 ex ist for a period of 50 years after its creation. 
 Article 42 (Protection Period of Ci nematographic Works and Programs) 
 
Notwithstanding Articles 39 and 40, the author's property right to cinematographic works and 
programs shall continue to exist for 50 years from th e time of being made public: Provided, That they 
have not been made public within 50 years from th e time of their creation, the said rights shall 
continue to exist for 50 years from the time of creation. <Amended by Act No. 9625, Apr. 22, 2009>  
Article 43 (Time when Serial Publica tions, etc. have been Made Public) 
 (1) The time when a work h as been made public pursuant to the provisions of Article 39 (1) (proviso), 
40 (1), or 41, shall be determined by making public  of each volume, issue or instalment in cases of 
works which are made public in the form of volumes , issues, or instalments, or by making public of 
the last part in cases of works which are ma de public in parts in a successive manner. 
 
(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 l ast one under paragraph (1) if the next part is not 
made public before the expiration of a period of  three years following the making public of the 
preceding part. 
 
Article 44 (Commencement of Protection Period)  The protection period of author's property right as prescribed under this Sub-section shall commence 
from the beginning of the year following the date when  the author died, the work is created, or is 
made public. 
 
Sub-Section 4 Transfer, Exercise and Expiry of Author's Property Right Article 45 (Transfer of Author's Property Right)  (1) Author's property right may be transf erred by assignment in whole or in part. 
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  (2) Where author's property right is transferred by assignment in whole, the right of the production 
and use of a derivative work pursuant to 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 production of a derivative work shall be presumed to have been transferred together unless there is a special 
agreement. <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 un der paragraph (1) shall be entitled to exploit the 
work in such a manner and within the li mit of such conditions so authorized. 
 (3) The right of exploitation as authorized under pa ragraph (1) may not be transferred by assignment 
to the third party without the consent of the holder of author's property right. 
 
Article 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 
publication and exclusive publication right of progr am): Provided, That the money or other goods 
shall be seized before payment or delivery. <Amended by Act No. 9625, Apr. 22, 2009> 
 (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 there is a special agreement in the 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 ho lder of author's property right shall be entitled to 
transfer by assignment 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 aut hor, unless otherwise stipulated. In such cases, if 
the degree of each contribution is not clear, the prof it may be equally apportione d to all the authors. 
 (3) The holder of author's property right to a jo int work may renounce his/her share. In cases of 
renunciation or death of the holder of author's pr operty right without heir, his/her share may be 
apportioned among other authors according to the ratio of their holding shares. 
 
(4) The provisions of Article 15 (2) and (3) shall ap ply 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 expi re in any of the following cases: 
 1. Where, after the author's death without heir, aut hor's property right reverts to the State according to 
provisions of the Civil Act and other Acts; IP/N/1/KOR/C/3 
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  2. Where, after the dissolution of a juristic person or an organization who is the holder of author's 
property right, author's property ri ght 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 Property Right is Unknown) 
 (1) Where any person fails, despite his/her considerab le efforts which meet the standards as prescribed 
by Presidential Decree, to identify the holder of author's property right to a work (excluding foreigners' works) made public, or his/her place of residence, and therefore is unable to obtain any 
authorization for its exploitation, he/she may expl oit the work with approval of the Minister of 
Culture, Sports and Tourism under the conditions  prescribed by Presidential Decree, and by 
depositing a compensation money under the standards 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 under the provisi ons of 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 consid erable 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 Touris m shall post the content of legal license on the 
information and communication network under th e conditions prescribed by Presidential Decree. 
<Amended by Act No. 8852, Feb. 29, 2008>  Article 51 (Broadcasting of Works Made Public)  Where a broadcasting organization which intends to  broadcast a work already made public for the 
sake of the public benefit has negotiated with the ho lder of author's property rights but failed to reach 
an agreement, it may broadcast the work with approva l of the Minister of Culture, Sports and Tourism 
under the conditions prescribed by Presidential De cree, and by paying to the holder of author's 
property right or depositing a compensation money un der the standards 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 this country and after the expiry of a 
period of three years from the date of first sal e, and if any person who intends to produce a 
commercial music record by record ing works already recorded on su ch music record has negotiated 
with the holder of author's property right but faile d to reach an agreement, he/she may produce the 
music record with approval of the Minister of  Culture, Sports and Tourism under the conditions 
prescribed by Presidential Decree, and by paying to th e holder of author's property right or depositing 
a compensation money under the standards as determ ined by the Minister of Culture, Sports and 
Tourism. <Amended by Act No. 8852, Feb. 29, 2008> 
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  SECTION 6 Registration and Authentication 
Article 53 (Registration of Copyright)  (1) An author may register any of the following subparagraphs: 
 
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 a nd date on which the works are first made public; 
4. Other matters as 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 subparagr aphs of paragraph (1). 
 (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 re gistered 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 be opposable to any third party without their 
registration: 
 
1. Transfer by assignment of author's property right (excluding that by inheritance or other 
successions in general), or restrictions on the disposal of author's property right; 
2. Restriction on establishment, transfer, alteration, extinction or disposal of the pledge of which the 
object is author's property right.  
Article 55 (Procedures, etc. for Registration) 
 (1) The registration pursuant to Articles 53 and 54 sha ll 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 appl y 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 subpar agraphs, the Minister of Culture, Sports and 
Tourism may return the application: Provided, That the deficiency in the app lication 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; 
2. Where the application for registration does not agr ee with the form stipulated by the Ordinance of 
the Ministry of Culture, Sports and Tourism, or  is not accompanied with other necessary data or 
papers. 
 
(3) The Minister of Culture, Sports and Tourism shall publish a registration gazette or post on the 
information and communications network regarding th e registration entered 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 th ereof. <Amended by Act No. 8852, Feb. 29, 2008> IP/N/1/KOR/C/3 
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(4) Matters necessary for registration pursuant to the provisions of paragraphs (1) through (3), return 
of application for registration, publication of regi stration gazette or posting, perusal of the copyright 
register and delivery of copies thereof, etc. shall be prescribed by the Presidential Decree. 
 
Article 55-2 (Obligation of Secrecy) 
 Any person who conducts registration business pur suant 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 ma y designate an authentication organization for the 
security of transaction of works,  etc. and protection of confid ence. <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. pursu ant to paragraph (1) shall be prescribed by 
Presidential Decree. <Amended by Act No. 9625, Apr. 22, 2009>  
(3) The authentication organization pursuant to th e provisions of paragraph (1) may collect fee 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 Publication 
Article 57 (Establishment of Right of Publication) 
 (1) The holder who has the right to reproduce and di stribute a work (hereinafter referred to as "holder 
of the right of reproduction") may establish a right of publication (hereinafter referred to as "right of 
publication") for a person who intends to publish the work in writing or drawing by printing or other 
similar methods. 
 
(2) The person for whom the right of publication (her einafter referred to as "holder of the right of 
publication") has been established under paragraph (1) sh all have the right to publish the original text 
of the work according to the terms of the contract of establishment. 
 
(3) If the pledge is established on the right of re production of a work, the holder of the right of 
reproduction may establish the right of publication only with the authorization of the pledgee. 
 Article 58 (Obligations of Holder of Right of Publication)  (1) Unless otherwise stipulated in the contract of establishment, the holder of the right of publication 
shall have the obligation to publish the work within  the period of nine months from the date when 
he/she received from the holder of the right of re production manuscripts or other similar materials 
which are necessary for the reproduction of the work.  (2) Unless otherwise stipulated in the contract of establishment, the holder of the right of publication 
shall continue to publish the work in its origin al form in accordance with customary practice. 
 (3) Unless otherwise stipulated in the contract, the holder of right of publication shall put a mark of 
holder of right of reproduction on each copy under th e conditions as stipulated by Presidential Decree. 
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  Article 59 (Revision, Addition or Reduction of Work) 
 (1) If the holder of the right of publication republis hes a work which is the object of its right, the 
author may revise, add or reduce the contents of the work to the extent that it is justified. 
 
(2) Whenever the holder of the right of publication intends to republish a work which is the object the 
right, unless otherwise stipulated in the contract, he/s he shall notify the author of his/her intention in 
advance.  Article 60 (Duration, etc. of Right of Publication) 
 
(1) The duration of the right of publication shall be a period of three years from the date of its first 
publication, unless otherwise stipulated  in the contract of establishment. 
 (2) If the author of the work which is the object of  the right of publication dies within the duration of 
the right of publication, the holder of the right of reproduction, notwithstanding the provisions of 
paragraph (1), may reproduce the work in a comple te collection of works or other compilation work, 
or publish the work by separating it from a complete collection of works or other compilation work.  Article 61 (Notification of Termin ation of Right of Publication) 
 
(1) If the holder of the right of publication has violated the provisions of Article 55 (1) or (2), the 
holder of the right of reproduction may call on him/ her to fulfil his/her obligation in a prescribed 
period of not shorter than six months. If the holde r of the right of publication fails to do so during 
such period, the holder of the right of reproduction no tify him/ her of the termination of his/her right 
of publication. 
 
(2) The holder of the right of reproduction may immediately notify the holder of the right of publication of the termination of the right of publication, notwithstanding the provisions of 
paragraph (1), when it is obvious that it is impossi ble for the holder of the right of publication to 
publish the work, or that he/she has no intention to do so.  
(3) When the termination of the right of publicati on is notified under the provisions of paragraph (1) 
or (2), the right of publication is presumed to have been terminated on the date the holder of the right 
of publication has received the notification.  (4) In cases of paragraph (3), the holder of the ri ght of reproduction may at any time claim to the 
holder of the right of publica tion for restitution or compensation for damages accruing from the 
suspension of publication of the work.  Article 62 (Distribution of Copies of Work af ter Termination of Right of Publication) 
 After the termination of the right of publication on  account of the expiration of the duration of the 
right or other reasons, the holder of the right of publication shall not distribute copies of a work 
reproduced within the duration of the right, except in the following cases: 
 1. Where otherwise stipulated in  the contract of establishment; 
2. Where he/she has already paid any remuneration to the holder of the right of reproduction for 
publication within the duration of the right of publ ication, and he/she distributes number of copies 
equivalent to such payment.  Article 63 (Transfer by Assignment of, and Li mitations on, Right of Publication, etc.) 
 IP/N/1/KOR/C/3 
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  (1) The right of publication may not be transferre d by assignment or pledged without the consent of 
the holder of the right of reproduction.  (2) The provisions of Articles 23, 25 (1) through (3), 26 through 28, 30 through 33 and 35 (2) and (3) shall apply mutatis mutandis to the reproduction of works which are the object of the right of 
publication. 
 (3) The provisions of Articles 54, 55 and 55-2 shall apply mutatis mutandis to the registration of the 
right of publication (including the registration of es tablishment of the right of publication). In such 
cases, the term "copyright register" in Article 55 sh all be deemed as the "register of the right of 
publication". <Amended by Act No. 9625, Apr. 22, 2009> 
 CHAPTER III NEIGHBORING RIGHTS SECTION 1  Common Provisions Article 64 (Protected Performance, Music Record and Broadcast) 
 
Performances, music records and broadcasts fa lling under any of the items under the following 
subparagraphs shall be protected under 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 Ko rea; hereinafter the same shall apply); 
(b) Stage performances protected under the interna tional 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 vi sual recordings before transmission); 
 2. Music records:  
(a) Music record produced by a c itizen 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 
participated or entered, and whose producer is a citizen (including a juristic person which has been 
established pursuant to the Acts of the relevant c ontracting country and a juristic person who has its 
main office in the relevant contracti ng country) of the contracting country; 
 3. Broadcasts: 
 
(a) Broadcasts made by broadcasting service provi ders which are nationals of the Republic of 
Korea; (b) Broadcasts made from broadcasting facilities located in the Republic of Korea; (c) Broadcasts made by broadcasting service provi ders who are nationals of a foreign country 
party, from broadcasting facilities located in the fo reign country party to the treaties to which the 
Republic of Korea has acceded or which it has ra tified and thus protected under such treaties. 
 Article 65 (Relationship with Copyright)  IP/N/1/KOR/C/3 
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  The provisions of the Articles in this Chapter shall not to be construed to have effects on 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 shal l indicate the real name or second name of the 
performer as he/she has indicated insofar as ther e is no special declaration of intention by the 
performer: Provided, That it is recognized as unavoidabl e 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 th e identity of the content and form of his/her 
performance: Provided, That it is  recognized as unavoidable in vi ew of the character of the 
performance, the purpose and form of explo itation, etc., the same shall not apply. 
 Article 68 (Personal Right of Performer Belonging Exclusively to One's Self) 
 
The rights prescribed in Articles 66 and 67 (hereinaft er referred to as "personal rights of performer") 
shall belong exclusively to him self/herself of the performer. 
 Article 69 (Right of Reproduction)  
Performers shall have the right to reproduce their stage performances. 
 Article 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 commercia l 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 perform ance 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.  IP/N/1/KOR/C/3 
 Page 23 
 
 
  Article 75 (Compensation by Broadcasti ng 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 the performer is a foreigner and the relevant fo reign country does not recognize 
compensation pursuant to the provisions of this para graph 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 pursuant to the provisions of paragraph (1). 
 
(3) The amount of compensation which the organizati on as 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 organization and th e 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 pursuant to Article 112 as prescribed by Presidential Decree. <Amended by Act No. 9625, Apr. 22, 2009>  Article 76 (Compensation by Digital Audio Tr ansmission Service Providers to Performers) 
 
(1) When a digital audio transmission service provi der 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 pursuant to the provisions of paragraph (1). 
 (3) The amount of compensation which the organi zation 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 To urism shall be paid. <Amended by Act No. 8852, 
Feb. 29, 2008>  
Article 76-2 (Compensation to Performers by Pers ons 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 re asonable compensation to the relevant performer: 
Provided, That where a performer is a foreigner,  the same shall not apply when the performer's 
country does not recognize a compensation pursuant to this paragraph to a perfo rmer 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 and 
amount or such of a compensation pursuant to paragraph (1).  
[This Article Newly Inserted by Act No. 9529, Mar 25, 2009]  
 Article 77 (Joint Performers)  IP/N/1/KOR/C/3 
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  (1) If not less than two performers perform jointly in a chorus, concert, or drama, etc., the rights of 
performers (excluding the personal right of perform er) as prescribed under this Section shall be 
exercised by a representative elected by the joint performers: Provided, That  in cases where such a 
representative is not elected, the conductor or director shall exercise the rights. 
 
(2) In exercising the rights of performers under paragr aph (1), if a solo vocalist or a solo instrument 
player participates in the stage perfo rmance, the consent of such vocalis t or instrument player shall be 
obtained.  (3) The provisions of Article 15 shall apply mutatis mu tandis to the exercise of personal right of joint 
performers. 
 SECTION 3 Rights of Music Record Producers Article 78 (Right of Reproduction)  
Music record producers shall have the ri ght to reproduce their music records. 
 Article 79 (Right of Distribution)  Music record producers shall have the right to di stribute their music records: Provided, That the 
reproductions of music records have been offered to transaction 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 ri ght to forward their music records. 
 
Article 82 (Compensation to Music Record Pr oducers by Broadcasting Service Providers) 
 (1) Where a broadcasting service provider sends out broadcasts by using commercial music records, it 
shall pay reasonable compensation to the music reco rd producer: Provided, That the music record 
producer is a foreigner and the foreign country concerned does not recognize compensation pursuant 
to the provisions of this paragraph to the music re cord 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 pursu ant to the provisions of paragraph (1). 
 
Article 83 (Compensation to Music Record Pr oducers 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 pursu ant to the provisions of paragraph (1). 
 IP/N/1/KOR/C/3 
 Page 25 
 
 
  Article 83-2 (Compensation to Music Record Producer s 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 sha ll not apply when the producer's country does not 
recognize a compensation pursuant to 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 and 
amount or such of a compensation pursuant to 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. 
 SECTION 5 Protection Period for Neighboring Right Article 86 (Protection Period)  
(1) Neighboring rights (excluding personal rights of performers; hereinafter the same shall apply) 
shall come into being when it falls under any of the following subparagraphs:  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 has been sent out. 
 
(2) Neighboring rights shall continue to remain for 50 years counting from the year after the year falling under any of the following subparagraphs:  1. For stage performances when the stage performance took place; 
2. For music records when the music record was re leased: Provided, That music records have not been 
released until after 50 years have passed counting fr om 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 
Article 87 (Limitations on Neighboring Rights)  (1) The provisions of Articles 23, 24, 25 (1) through (3), 26 through 32, 33 (2), 34, 36 and 37 shall apply mutatis mutandis to the utilization of stage pe rformance, music record or broadcasting, which is 
the object of neighboring rights. 
 (2) Where a digital audio transmission service provide r transmits by making use of a music record on 
which a stage performance is record ed 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 IP/N/1/KOR/C/3 
Page 26  
 
  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) 
 
The provisions of Article 45 (1) shall apply muta tis mutandis to the transfer by assignment of 
neighboring rights; the provisions of Article 46 to permission to exploit stage performances, music 
records or broadcasts; the provisions of Article 47 to the right of pledge established on neighboring 
rights; and the provisions of Article 49 to the expiration of neighboring rights, respectively. 
 
Article 89 (Legal License for Use of Stage Pe rformances, 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) 
 The provisions of Articles 53 through 55 and 55-2 sh all apply mutatis mutandis to the registration of 
neighboring rights. In such cases, the term "copyright register" in Article 55 shall read as the "register 
of neighboring rights". <Amended by Act No. 9625, Apr. 22, 2009>  
CHAPTER IV  PROTECTION OF DATABASE PRODUCERS 
Article 91 (Database to be Protected)  (1) The database of persons falling under any of th e 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 
ratified in relation with th e protection of database. 
 (2) Even for a foreigner's database protected under pa ragraph (1), if the foreigner's country does not 
protect the database of nationals 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 appl icable to the database falling under any 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 reprod uce, distribute, broadcast, or transmit (hereafter 
referred to as the "reproduction, etc." in this Artic le) the whole or consider able parts of relevant 
database.  (2) Individual subject matters of the database shal l not be considered as the considerable parts of 
relevant database under the provisions  of paragraph (1): Provided, That even for the reproductions, IP/N/1/KOR/C/3 
 Page 27 
 
 
  etc. of individual subject matters of database or of the portions falling short of their considerable 
parts, if the said reproductions come into collision wi th the ordinary exploitati on of relevant database, 
or infringe unduly on the benefits of database producer s, by making them repeatedly or systematically 
for specific purposes, they shall 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 exte nd to the subject matters themselves forming 
constituent parts of the database.  
 Article 94 (Restrictions on Rights of Database Producers)  (1) The provisions of Articles 23, 28 through 34, 36 and 37 shall apply mutatis mutandis to the 
utilization of database which is the object of the rights of database producers. 
 (2) In case of falling under any of the following su bparagraphs, any person may reproduce, distribute, 
broadcast or transmit the whole or considerable part s of database: Provided, That the same shall not 
apply to the case where it is in conflict with the ordinary exploitation of relevant database:  
 
1. Where being utilized for education, science or re search: Provided, That the same shall not apply to 
the case aiming at profit-making; 2. Where being utilized for the news of current events.   Article 95 (Period of Protection) 
 
(1) The rights of database producers shall origin ate from the time of completing a production of 
database, and shall continue to exist for fi ve years reckoning from the year thereafter. 
 (2) Where a considerable investment has been human ly 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., a nd shall continue to exist for fi ve years reckoning from the year 
thereafter.  Article 96 (Transfer, Exercise, etc. of Rights of Database Producers)   
The provisions of the proviso to Article 20 shall a pply mutatis mutandis to the offer of database to 
transaction, those of Article 45 (1) to the transfer of rights of database producers, those of Article 46 to permission for database exploitation, those of Ar ticle 47 to the exercise of pledge right aiming at 
the rights of database producers, those of Article 48 to the exercise of rights by the database producers 
of joint databases, and those of Article 49 to the ex piry of rights of database producers, respectively. 
 
Article 97 (Legal License for Use of Database) 
 The provisions of Articles 50 and 51 shall appl y mutatis mutandis to the use of database. 
 Article 98 (Registration of Rights of Database Producers) 
 
The provisions of Articles 53 through 55 and 55-2 sh all apply mutatis mutandis to the registration of 
rights of database producers. In such cases, the term "c opyright register" in Article 55 shall be read as 
"database producer's right register". <Amended by Act No. 9625, Apr. 22, 2009>  IP/N/1/KOR/C/3 
Page 28  
 
  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, this permission shall be presumed to  include the following rights, when there exists no 
special agreement: 
 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 cinematographi c 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, unless otherwise stipulated, he/ she may permit, after the lapse of five years from the date of his/her permission, the cinematization of th e work in another form of cinematographic work. 
 Article 100 (Rights in Cinematographic 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 cine matographic work shall, unless there exists any 
special agreement, be presumed to have been transf erred 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 pursuant to the provisions of Article 69, the right to distribute pursuant to the provisions of Article 70, the right to send out br oadcast pursuant to the provisions of Article 73, 
and the right to forward pursuant to the provisions of  Article 74 with regard to the utilization of a 
cinematographic work of a performer who agreed w ith 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 in sofar as there is no special agreement. 
 Article 101 (Rights of Producers of Cinematographic Works) 
 
(1) The right necessary for the exploitation of a cine matographic 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 e xploit 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/3 
 Page 29 
 
 
  CHAPTER V-2  SPECIAL CASES ON PROGRAMS 
Article 101-2 (Objects of Protection)  This Act shall not apply to matters referred to in  the following subparagraphs, which are used to 
prepare programs: 
 
1. Programming language: Characters, symbols and their systems as means expressing programs; 
2. Protocol: A special agreement on how to u se programming language in a specific program; 
3. Solutions: Combination methods of in structions and commands in a program. 
[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009] 
 
Article 101-3 (Restrictions on Author's Property Right of Program)  (1) Where it falls under any of the following subpara graphs, a program released  may be reproduced or 
distributed within the necessary limit for that purpose:  Provided, That where it is unjustly detrimental 
to the interest of the holder of author's property ri ght in the light of kinds and purposes of programs, 
relative importance of a reproduced part in a progr am and number of copies of reproduction or such, 
the same shall not apply:  1. Cases where a program is reproduced for a trial or investigation; 2. Cases where a program is reproduced or distributed  for the purpose of providing it to a course of 
lessons by any person who is responsible fo r education in schools under the Early Childhood 
Education Act, the Elementary and Secondary Edu cation Act and the Higher Education Act, and in 
educational institutions (limited to  educational institutions by wh ich educational attainments for 
entrance into a school of higher level are authorized  or which confer an academic degree) established 
pursuant to other Acts; 
3. Cases where a program is reproduced to be publ ished in textbooks for the educational purpose of 
schools under the Elementary and Secondary Education Act and schools equivalent thereto; 4. Cases where a program is reproduced for the personal purpose (excluding cases for the purpose of 
profit-making) in the confined place like home; 5. Cases where a program is reproduced or distributed for the purpose (excluding cases for the purpose of profit-making) 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. Cases where a program is reproduced for the pur pose of research, study, test of functions of a 
program to confirm ideas and principles which fo rm the foundation of a program (only when any 
person who uses a program with the lawful right is using the relevant program). 
 
(2) Any person who intends to publish a program in  textbooks pursuant to paragraph (1) 3 shall pay a 
compensation according to the standards determin ed 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 muta ndis to payment of a compensation. 
[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]  
 
Article 101-4 (Converse Analysis of Program Codes)  (1) Where any person who uses a program with th e lawful right or any person who has obtained 
his/her permission cannot easily obtain necessary info rmation for compatibility and it is inevitable for 
him/her to obtain the information, he/she may ma ke a converse analysis of program code without 
obtaining permission of the holder of author's prope rty right of the program limited to necessary part 
for compatibility of the relevant program.  IP/N/1/KOR/C/3 
Page 30  
 
  (2) Where information obtained through a converse analysis of program code pursuant to 
paragraph (1) falls under any of the follow ing subparagraphs, it shall not be used: 
 1. Cases where information is exploited for the pur pose other than the purpose of compatibility or is 
provided to a third party; 
2. Cases where a program or expression subject to a c onverse analysis of program code is exploited in 
development, production and sale of substantially sim ilar 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 reproduc tion of program with the lawful right may 
reproduce the relevant reproduction within the necessar y limit in order to provide against destruction, 
damage or deterioration or such of the reproduction. 
 
(2) When any person who possesses or uses a reproducti on of program has lost the right to possess 
and use a reproduction of the releva nt program, he/she shall destroy the reproduction made pursuant 
to paragraph (1) unless the holder of author's propert y 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 b een destroyed, the same  shall not apply.  
[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009] 
 Article 101-6 (Exclusive Publication Right of Program)  (1) The holder of author's property right may establis h the exclusive right (hereinafter referred to as 
"exclusive publication right of program") on his/her work which enables him/her to exclusively 
reproduce, distribute or transmit it to others.  (2) Any person who has established the exclusive publication right of program pursuant to paragraph (1) (hereinafter referred to as "holder of exclusive publication right of program") shall have 
the right to exercise the exclusive publication right of program within the limit due to the action of 
establishment. 
 (3) The holder of author's property right of a program may, where the right of pledge on the right of reproduction of the program has been established, establish the exclusive publication right of program 
with the consent of the pledgee. 
 
(4) The holder of exclusive publication right of progr am shall not establish the right of pledge on the 
exclusive publication right of program or transfer th e exclusive publication right of program to a third 
party without the consent of the holder of author's property right of program.  (5) The exclusive publication right of program shall continue to exist for three years from the date 
when an action of establishment has been made  when there is no special agreement in the 
establishment of the right of pledge.  (6) Articles 54, 55 and 55-2 shall apply mutatis muta ndis to registration of the exclusive publication 
right of program. 
[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009] 
 Article 101-7 (Deposit of Program)  IP/N/1/KOR/C/3 
 Page 31 
 
 
  (1) The holder of author's property right of a pr ogram and any person who h as been permitted to use 
the program may deposit the original code and tec hnical information or such of the program to a 
person prescribed by Presidential Decree (hereafter re ferred 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 
pursuant to paragraph (1) has arisen, request the tr ustee 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]  
CHAPTER VI RESTRICTION ON RESPONSIBILITY OF ONLINE SERVICE PROVIDERS 
Article 102 (Restriction on Responsibil ity of Online Service Providers) 
 (1) Where an online service provider comes to know that the copyright and other rights protected under this Act are infringed due to the reproduction or  forwarding of works, etc. by other persons, 
regarding the offer of services related to the re production or forwarding of works, etc., and 
consequently he/she has prevented or suspende d the relevant reproduction or transmission, the 
responsibility of online service providers for the in fringement on the copyright of other persons and 
other rights protected under this Act may be mitigated or exempted.  (2) Where an online service provider comes to know that the copyright and other rights protected 
under this Act are infringed due to the reproduction or transmission of the works, etc. by other 
persons, in connection with the provision of servi ces related to the reproduction and transmission of 
the works, and he/she tries to prevent or suspend the relevant reproduction or transmission, but it is 
technically impossible, the responsibility of onlin e service providers for the infringement on the 
copyright of other persons and other rights protected under this Act shall be exempted. 
 
Article 103 (Suspension of Re production or Transmission) 
 (1) Any person who asserts that his/her copyrigh t and other rights protected under this Act are 
infringed due to the reproduction or transmission of works, etc. through the utilization of services by an online service provider (hereafter referred to as "r ights assertor" in this Article), may demand the 
online service provider, by vindicating the said facts,  to suspend the reproduction or transmission of 
the works, etc.  (2) Where there exists a demand for a suspensi on of the reproduction or transmission under 
paragraph (1), the online service provider shall prom ptly suspend the reproduction or transmission of 
works, etc., and notify the person who reproduces or tr ansmits the relevant works, etc. (hereinafter 
referred to as "reproducer or transmitter") and the rights assertor of the said facts.  (3) Where the reproducer or transmitter, who is in  receipt of a notification under paragraph (2), 
vindicates that his/her reproduction or transmissi on is based on lawful rights, and demands a 
resumption of such reproduction or transmission, the online service provider shall promptly notify the 
rights assertor 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. 
 (4) The online service provider shall make a public notification by designating the person who is to 
receive a demand for a suspension of the reproducti on or transmission, and for its resumption under 
paragraphs (1) and (3) (hereafter referred to as "recipien t" in this Article), so as to have the persons 
who utilize his/her own facilities or services know the said person readily.  (5) Where the online service provider has made a public notification under pa ragraph (4), and has 
suspended or resumed the reproduction or transmissi on of relevant works, et c. under paragraphs (2) IP/N/1/KOR/C/3 
Page 32  
 
  and (3), the responsibility of the online service provider for the infringement on other persons' 
copyrights and other rights protected under this Act, and the responsibility of the online service 
provider for the losses incurred to the reproducer or  transmitter, may be mitigated or exempted: 
Provided, That the provisions of this paragraph sh all not apply to the responsibilities arisen from the 
time when the online service provider has known th e facts that the copyright and other rights 
protected under this Act were infri nged due to the reproduction or transm ission of works, etc. by other 
persons to the time of demanding the suspension under paragraph (1).  (6) Any person who demands, without any lawful rights, the suspension or resumption of the reproduction or transmission of relevant works, et c. under paragraphs (1) and (3), shall make a 
compensation for any losses incurred thereby. 
 (7) Matters necessary for the vindication, suspensi on, notification, resumption of reproduction or 
transmission, designation of a recipient, and public notification, etc. under paragraphs (1) through (4) 
shall be prescribed by Presidential 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>  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 measu res 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 pursuant to the provisions of paragraph (1). <Amended by Act 
No. 8852, Feb. 29, 2008>  CHAPTER VII   COPYRIGHT MANAGEMENT SERVICE 
Article 105 (Permission, etc. for Copyright Management Service) 
 (1) Any person who intends to engage in a co pyright trust management business shall obtain 
permission from the Minister of Culture, Sports  and Tourism under the conditions prescribed by 
Presidential Decree; and a person who intends to engage in a business as an agent or broker for 
copyright shall report thereon to the Minister of  Culture, Sports and Tourism under the conditions 
prescribed by Presidential Decree. <Amende d by Act No. 8852, Feb. 29, 2008> 
 (2) Anyone who intends to operate the copyri ght trust management business pursuant to the 
provisions of paragraph (1) shall satisfy the requ irements in the following subparagraphs, prepare 
regulations defining the duties of copyright trus t management under the conditions 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: <A mended 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 capab ility to execute the duties, such as the collection, distribution, etc. 
of fee.  IP/N/1/KOR/C/3 
 Page 33 
 
 
  (3) Any person falling under any of the following subpa ragraphs shall not be eligible for copyright 
trust management business or copyright agency an d brokerage business (hereinafter referred to as 
"copyright management service") under paragraph (1):  1. Any incompetent or quasi-incompetent; 
2. Any person whose legal capacity has not be en rehabilitated following the declaration of 
bankruptcy; 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 su spend 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.  (4) Any person who has obtained permission or re ported for copyright management service under 
paragraph (1) (hereinafter referred to as "copyrig ht 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 a nd 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 pursuant to 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 correc ting 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 the Minister of Culture, Sports and Tourism has granted approval, 
he/she shall announce the content thereof under th e conditions 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 Minister of Culture, Sports and 
Tourism may change the content of approval pursuan t to the provisions of paragraph (5). <Amended 
by Act No. 8852, Feb. 29, 2008> 
 Article 106 (Responsibility of Copyrigh t Trust Management Businessman) 
 (1) The copyright trust management  businessman shall prepare a list of works, etc. that he/she 
manages on a quarter year basis in written form or  electronic form under the conditions prescribed by 
Presidential Decree so that all the people may peruse the list during business hour at the least. 
 (2) Where a user requests in writing, the copyright  trust management businessman shall supply the 
information under his/her management necessary for c oncluding exploitation contract of works, etc., 
which is prescribed by Presidential Decree, with in a considerable period of time in writing. 
 
Article 107 (Request for Perusal of Papers)  The copyright trust management businessman may re quest the person who expl oits the works, etc. 
under his/her management for commercial purposes, to  let him/her peruse the papers needed for the IP/N/1/KOR/C/3 
Page 34  
 
  calculation of usage fee for the relevant works, etc. In such cases, the user shall comply with it unless 
there is a justifiable reason.  Article 108 (Supervision)  
(1) The Minister of Culture, Sports and Tour ism may demand a copyright management service 
provider to submit a 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 Tour ism 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 ma y order the suspension of business for a specified 
period of not longer than six months, if a copyri ght 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 fe e 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;  4. Where he/she has received an or der under Article 108 (2), but failed to fulfil 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 any 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 do business after receiving an order of suspension under paragraph (1).  
Article 110 (Hearing) 
 If the Minister of Culture, Sports and Tourism inte nds 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 provi der 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. <A mended by Act No. 8852, Feb. 29, 2008> 
 (2) When the person who has been given a di sposition of business suspension pursuant to the 
provisions of paragraph (1) fails to  pay the penalty surcharge within the time limit, the Minister of IP/N/1/KOR/C/3 
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  Culture, Sports and Tourism shall collect it according to the exampl e of disposition of national taxes 
in arrear. <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 set up healthy order in the use of works. 
 
(4) Matters necessary for the amount of penalty surcha rge in accordance with the kind, degree, etc. of 
violation for 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 copy right and other rights (hereafter referred to as 
"copyright" in this Chapter) protected pursuant to this Act, and to mediat e 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 unde r the Civil Act shall apply mutatis mutandis to 
matters not prescribed in this Act regarding th e 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 Commission)  
(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 members who reflect the interest of users thereof, and may request organizations of holders of a right by fields or or ganizations of users by fields 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 fi eld 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 execu tive of an organization related to copyright or 
cultural industry; IP/N/1/KOR/C/3 
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  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 y ears 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 th e Commission, a substitute member shall be appointed pursuant to 
paragraph (2), and a term of office of the subs titute member shall be the remainder of his/her 
predecessor's term of office: Provided, That the num ber of members is not less than 20, a substitute 
member need not be appointed. 
 (5) Subcommittees by fields may be established in order to efficiently conduct business of the 
Commission. When a subcommittee has made a resolu tion 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>  
1. 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 the provisi ons 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 devising 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 servi ce 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 Minist er 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 applicati on 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 de ems that the mediation cannot settle a dispute, 
he/she may discontinue the mediation.  IP/N/1/KOR/C/3 
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  (4) When an application for conciliation has been ma de under this Act with respect to a dispute under 
mediation, the 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 sea l on it with the persons concerned. 
 
(6) Matters necessary for application of and pr ocedures for mediation shall be prescribed by 
Presidential Decree. [This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]  
Article 114 (Conciliation Division) 
 (1) In order to effectively execute the duties of  dispute conciliation of the Commission, a conciliation 
division comprised of one member, or three or mo re members, among which one member shall have 
the qualification for lawyer. 
 
(2) Matters necessary for the composition, operati on, etc. of conciliation division pursuant to the 
provisions of paragraph (1) shall be prescribed by Presidential Decree.  Article 114-2 (Application 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 
mentioned with the Commission.  (2) The conciliation division pursuant to 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 party concerned to attend the procedures.  Article 116 (Restriction on Quotation of Statement)  
The statements made by the parties concerned or interested persons at the conciliation procedures 
shall not be quoted at the lawsuit or arbitration procedures.  Article 117 (Conclusion of Conciliation)  (1) Conciliation shall take effect by entering the matters that have been agreed upon between the 
persons concerned in the record. 
 (2) The record pursuant to the provisions of para graph (1) shall have the same force as the court 
settlement: Provided, That to the matters that can not be disposed of voluntarily by the parties 
concerned, the same shall not apply. 
 IP/N/1/KOR/C/3 
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  Article 118 (Conciliation Expense, etc.) 
 (1) Conciliation expense shall be borne by the appl icant: Provided, That where conciliation has been 
concluded and there is no special agreement, the parties concerned shall share the expense equally. 
 
(2) Matters necessary for application of and pro cedures for conciliation, and payment methods of 
conciliation expense shall be prescribed by Preside ntial Decree. <Newly Inserted by Act No. 9625, 
Apr. 22, 2009>   (3) The amount of conciliation expense pursuant to paragraph (1) shall be laid down by the 
Commission. 
 Article 119 (Appraisal)  (1) The Commission may, where a case falls under any of the following subparagraphs, make an 
appraisal: <Amended by Act No. 9625, Apr. 22, 3009> 
 1. Cases where the Commission has b een requested by a court or inv estigation 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 Artic le 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, et c. of appraisal pursuant to the provisions of 
paragraph (1) shall be prescribed by Presidential Decree.  
(3) When the Commission executes appraisal pursuan t to the provisions of paragraph (1), it may 
collect appraisal fee and the amount shall be laid down by the Commission.  Article 120 (Copyright Information Center)  (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 copyri ght 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 
the extent of its budget. <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 duti es 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 a nd Tourism shall be obtained for the use thereof. 
<Amended by Act No. 8852, Feb. 29, 2008>  IP/N/1/KOR/C/3 
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  CHAPTER IX  REMEDY FOR INFRINGEMENT OF RIGHTS 
Article 123 (Right of Demanding Suspension, etc. of Infringement)  (1) Any person who has 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/he r rights to suspend such act or demand a person 
likely to infringe 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 has the copyright or other ri ghts 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 temporarily suspend the act of in fringement, 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 deci sion was made that no infringement of copyright 
and other 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 subparagr aphs 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 (inc luding imported goods pursuan t to subparagraph 1) 
of a program made in infringement of copyri ght of a program by a person who has acquired it 
knowing such fact.  
(2) Any acts, without any lawful rights, to furnis h, produce, import, transfer, lease or transmit the 
technology, service, products, apparatus, or their major parts which aim main ly at incapacitating the 
technical protection measures for the copyright and other rights protected under this Act, such as 
removing, altering or detouring, etc., shall be considered as the infringement on the copyright and 
other rights protected under this Act.  
(3) Where any acts, without any lawful rights, comm itted with, or without by fault, the knowledge of 
facts that they induce or conceal the infringement  on copyrights and other rights protected under this 
Act fall under any of the following subparagraphs, they shall be considered as the infringement on the copyrights and other rights protected under this Act: Provided, That the same shall not apply to the cases where they are technically inevitable, or where de emed to be inevitable in the light of natures of 
the works, etc., or the purposes or forms of their exploitations: 
 1. Acts by intention to remove , alter or fraudulently add any right  management information in the 
electronic forms; IP/N/1/KOR/C/3 
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  2. Acts to distribute, perform publicly, transmit publicly, or to import for distribution, the original of 
relevant works, etc. or their reproductions, with the knowledge of facts that the right management 
information in electronic forms has been removed, altered or fraudulently added. 
 (4) 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. 
 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 his/her rights intentionally or by negligence for damages sustai ned from the relevant act of infringement, if the 
infringing person has gained any profit by his/ her act of infringement, the relevant amount of profit 
shall be presumed to be the amount of damages sustai ned by the holder of author's property right, etc. 
 
(2) Where the holder of author's property right, etc. claims compensation against a person who has infringed his/her rights intentionally or by negligence  for damages sustained fr om the relevant act of 
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 hold er 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 amount under paragraph (2), a claim for such an exceeding amount may be made.  
(4) Any person who has infringed the copyright, right of publication, exclusive publication right of 
program, neighboring right or right of database produ cer which is registered shall be presumed to 
have made negligence in the relevant act of infringement. <Amended by Act No. 9625, 
Apr. 22, 2009>  Article 126 (Acknowledgement of Loss Amounts) 
 
When the fact is admitted that some losses have be en 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 examination on evidences.  
Article 127 (Right of Demanding R estoration of Reputation, etc.) 
 The author or performer may demand of the pers on who has infringed the author's moral right or 
performer's moral right intentionally or by neglig ence 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 fa mily (referring to the surviving spouse, children, 
parents, grand children, grandparent s, brothers and sisters of the d ead 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 Artic le 127, demand a person 
who has infringed author's moral right intentionally or by negligence or who has violated the provisions of Article 14 (2) for r estoration of his/her reputation. 
 IP/N/1/KOR/C/3 
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  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 consen t of other authors or other holders of author's 
property right, or to make request for compensati on for damages to his/her share in a joint work 
regarding the infringement on author's property right pursuant to Article 125. 
 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 Ma yor, Metropolitan City Mayor, Do Governor and 
Governor of a Special Self-Governing Province as prescr ibed by Presidential Decree, or may entrust it 
to the Commission or to a copyright-related organi zation. <Amended by Act No. 8852, Feb. 29, 2008; 
Act No. 9625, Apr. 22, 2009> 
 
Article 131 (Legal Fiction as Public Offici al in Application of Penal Provisions) 
 The members and staff of the Commission shall be c onsidered as public officials in the application of 
Articles 129 through 132 of the Criminal Act.  
Article 132 (Fee) 
 Those who apply, etc. for a matter falling under any of the following subparagraphs pursuant to this 
Act shall pay fee under the conditions as stipulated  by the Ordinance of the Ministry of Culture, 
Sports and Tourism: <Amended by Act No. 8852,  Feb. 29, 2008; Act No. 9625, Apr. 22, 2009> 
 
1. Those who apply for approval of legal license  (including the cases applied mutatis mutandis 
pursuant to the provisions of Articles 89 and 97) pur suant to the provisions of Articles 50 through 52; 
2. Those who apply for the registration (includi ng the cases applied mutatis mutandis pursuant to 
Articles 63 (3), 90, 98 and 101-6 (6)), change in the re gistered matters, perusal of register and delivery 
of copies thereof pursuant to the provisions of Articles 53 through 55; 
3. Those who apply for permission or make report of copyright management service pursuant to the 
provisions of Article 105.  Article 133 (Collection, Scrapping a nd Deletion of Illegal Reproduction) 
 
(1) When the Minister of Culture, Sports and Tourism, the Special Metropolitan City Mayor, 
Metropolitan City Mayor, Do Governor and Gover nor 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 informat ion and communication networks) that infringe 
on the copyright or other rights protected pursuant to this Act, or machinery, equipment, information 
and programs manufactured to make the technical protective measures of works, etc. helpless, he/she 
may have the relevant public officials collect, dest roy 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 Minister of Culture, Sports and Tourism ma y entrust the duties pursuant to the provisions of 
paragraph (1) to an organization prescribed by Pr esidential Decree. In such cases, those who are 
engaged in these duties shall be deemed as pub lic officials. <Amended by Act No. 8852, 
Feb. 29, 2008>  IP/N/1/KOR/C/3 
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  (3) Where the relevant public officials, etc. collect , destroy or delete them pursuant to paragraphs (1) 
and (2), the Minister of Culture, Sports and T ourism 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>  
(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, 2009>  Article 133-2 (Orders, etc. for Deletion of I llegal Reproductions, etc. through Information and 
Communications Network) 
 
(1) Where a reproduction or information which infringes copyright or other rights being protected under this Act, or a program or information (herei nafter referred to as "illegal reproductions, etc.") 
which incapacitates technical protection measur es 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 tran smitters of illegal reproductions, etc.; 
2. Deletion or suspension of transm ission of illegal reproductions, etc. 
 
(2) Where any reproducer and transmitter who recei ved warnings pursuant to paragraph (1) 1 three 
times or more has transmitted illega l reproductions, etc., the Minister of Culture, Sports and Tourism 
may give orders following the deliberation of the Commission that an online service provider should suspend an account [referring to an account (excluding  an exclusive account for e-mail) of the right of 
utilization which an online service provider uses in order to discern and manage users, and including other accounts given by the relevant online servi ce provider] of the relevant reproducer and 
transmitter within a fixed period not exceeding six months.  
 (3) An online service provider who has received or ders 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 re levant account will be suspended, as prescribed by 
Presidential Decree. 
 (4) Where, as a bulletin board for which orders pursuan t to paragraph (1) 2 have been given more than 
three times from among bulletin boards (referring to bu lletin boards providing commercial interests or 
utilization convenience from among the bulletin boards re ferred to in Article 2 (1) 9 of the Act on 
Promotion of Information and Communications Netw ork Utilization and Information Protection, etc.; 
hereinafter the same shall apply) established in in formation and communications  network of an online 
service provider, the relevant bulletin board is j udged 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, S ports and Tourism may give orders following the 
deliberation of the Commission that the online servi ce 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 th e relevant bulletin board service, post the fact that the relevant bulletin board IP/N/1/KOR/C/3 
 Page 43 
 
 
  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 da te 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 fr om 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  interests in orders pursuant to paragraph (2) and 
to operators of bulletin boards pursuant to paragra ph (4). In such cases, Articles 22 (4) through (6) and 
27 of the Administrative Procedures Act shall a pply 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 investiga tion into information a nd communications network 
of an online 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 measures falling under the following subparagraphs: 
 
1. Warnings to reproducers and tran smitters of illegal reproductions, etc.; 
2. Deletion and suspension of transmission of illegal reproductions, etc.; 3. Suspension of accounts of reproducers and tran smitters who have repeat edly transmitted illegal 
reproductions, etc.  
(2) An online service provider shall notify the Commissi on of the result of measures taken within five 
days from the receipt date of recommendation wh ere 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 co mply 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 Minist er of Culture, Sports a nd Tourism gives orders 
pursuant to Article 133-2 (1) and (2), the deliber ation of the Commission shall not be required. 
[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009] 
 Article 134 (Projects for Creation of Healthy Environment for Utilization of Works)  (1) The Minister of Culture, Sports and Tourism ma y 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 pursuant to para graph (1) shall be prescribed by Presidential 
Decree. <Amended by Act No. 9625, Apr. 22, 2009> IP/N/1/KOR/C/3 
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(3) Deleted. <by Act No. 9625, Apr. 22, 2009>  Article 135 (Donation of Author's Property Right, etc.)  
(1) The holder of author's property right, etc. may d onate 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 ma y designate an organization that can manage the 
rights to the donated works, etc. equitably. <Amended by Act No. 8852, Feb. 29, 2008> 
 
(3) The organization that has been designated pursu ant to the provisions of paragraph (2) shall not 
utilize the works, etc. for commercial purpose or ag ainst 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 (Crime of Infringement of Rights)  
(1) Any person who has infringed the author's proper ty right and other property rights (excluding the 
rights under the provisions of Article 93) protected  under this Act by means of reproduction, public 
performance, public transmission, exhibition, dist ribution, lease and making a derivative work, shall 
be punished by imprisonment for a term of not more than five years or a fine of not more than 50 
million won, or may be punished by both imprisonment and a fine. 
 
(2) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for a term not more than three years or a fine not more than 30 million won, or may be punishable by both imprisonment and a fine: <Amended by Act No. 9625, Apr. 22, 2009>  1. A person who has defamed the honor of author or  performer by infringing on author's moral right 
or performer's moral right; 
2. A person who has made registration pursuant to  Articles 53 and 54 (including cases applied mutatis 
mutandis pursuant to Articles 63 (3), 90, 98 and 101-6 (6)) deceitfully; 3. A person who has infringed on the right of a data base producer protected pursuant to the provisions 
of Article 93 by means of reproduction, di stribution, broadcasting or forwarding; 
4. A person who has performed an act deemed an infringement pursuant to the provisions of 
Article 124 (1); 5. A person who has performed an act deemed an infringement pursuant to the provisions of 
Article 124 (2) for business or for profit-making purpose; 6. A person who has performed an act deemed an infringement pursuant to the provisions of 
Article 124 (3) for business or for profit-making purpose: Provided, That a person who has failed to 
know by fault the fact of causing or concealing infringement on the copyright or other rights protected 
by this Act shall be excluded.  Article 137 (Illegal Publications, etc.)  
Any person who falls under any of the following s ubparagraphs shall be puni shed by imprisonment 
for a term of not more than one year or a fine of not more than ten million won: <Amended by Act 
No. 9625, Apr. 22, 2009>  IP/N/1/KOR/C/3 
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  1. A person who has made a work public under the r eal name or second name of a person other than 
the author; 2. A person who has presented a performance, tran smitted publicly or distri buted reproductions of 
performance under the real name or second name  of a person other than the performer; 
3. A person who has violated the provisions of Article 14 (2); 
4. A person who has operated a copyright trust ma nagement business without obtaining permission 
pursuant to the provisions of Article 105 (1); 5. A person who has committed an act deemed an  infringement pursuant to the provisions of 
Article 124 (4); 6. A person who has obstructed the business of an  online service provider by making a demand by 
intention for the suspension or resumption of a re production or transmission under Article 103 (1) or 
(3), while he/she knew that he/she had no lawful right; 
7. A person who has violated Article 55-2 (including cases applie d mutatis mutandis pursuant to 
Articles 63 (3), 90, 98 and 101-6 (6)).  
Article 138 (Offenses such as Failure to Indicate Sources) 
 Any person who falls under any of the following subpa ragraphs shall be punished by a fine of not 
more than five million won:  1. A person who has violated the provisions of Article 35 (4); 
2. A person who has not indicated the sources in viol ation of the provisions of Article 37 (including 
the cases applied mutatis mutandis pursuant to  the provisions of Articles 87 and 94); 
3. A person who has not indicated the notice of the holder of the right of reproduction in violation of the provisions of Article 58 (3); 4. A person who has violated the provisions of Article 59 (2); 
5. A person who has engaged in a copyright ag ency and brokerage business without making report 
pursuant to the provisions of Article 105 (1), or wh o has continued the services after being ordered to 
close the services pursuant to the provisions of Article 109 (2).  Article 139 (Confiscation)  
Reproductions made by infringing on copyright or other rights protected under this Act, which are 
owned by the infringing person, printer, distribut or or public performer shall be confiscated. 
 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 foll owing subparagraphs, the same shall not apply: 
<Amended by Act No. 9625, Apr. 22, 2009>  1. Where an act corresponding to Article 136 (1) or 136 (2) 3 has been committed habitually for 
profit-making; 
2. Cases of Article 136 (2) 2, 5 and 6, subparagr aphs 1 through 4, 6 a nd 7 of Article 137, and 
subparagraph 5 of Article 138; 3. Cases where an act prescribed in Article 136 (2) 4 has been done for profit-making (in the case 
referred to in Article 124 (1) 3, no punishment shall be  inflicted contrary to an  explicit intention of a 
victim). 
 
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 pr escribed under this Chapter with respect to the IP/N/1/KOR/C/3 
Page 46  
 
  affairs of the juristic person or the individual, the fine prescribed under the Articles concerned 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 indivi dual has not neglected to pay reasonable attention 
to and supervise the relevant affairs in order to pr event such an offense, th e same shall not apply. 
<Amended by Act No. 9625, Apr. 22, 2009> 
 
Article 142 (Fine for Negligence)  (1) A person who has failed to take necessary measur es 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> 
 
(2) A person who falls under any of the following subparagraphs shall be punished by a fine for 
negligence not exceeding ten million won: <A mended by Act No. 9625, Apr. 22, 2009> 
 1. A person who has failed to perform his/her duty pursuant to Article 106; 
2. A person who has used the title of the Korea Copyr ight Commission in violation of Article 112 (4); 
3. A person who has failed to carry out orders give n by the Minister of Culture, Sports and Tourism 
pursuant to Article 133-2 (1), (2) and (4); 4. A person who has failed to give notice pursuant to  Article 133-2 (3), to post a 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 pr escribed 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 con cerning Extent of Application) 
 (1) Regarding the works, etc. who se copyright has become extinct entir ely 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 con tinue to apply even after this Act enters into 
force. 
 Article 3 (Transitional Measures concerning Music Record Producer) Music record producers pursuant to the previous provisions shall be deemed as the music record 
producers pursuant to this Act. 
 
Article 4 (Transitional Measures concerning Au thor 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 befo re this Act enters into force. 
 IP/N/1/KOR/C/3 
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  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 as an  organization designated pursuant to this Act. 
 Article 6 (Transitional Measures concerning Legal Permission) 
The legal permission pursuant to the previous provisi ons at the time when this Act enters into force 
shall be deemed as legal permission pursuant to this Act.  Article 7 (Transitional Measures concerning Registration) The registration pursuant to the previous provisions at the time when this Act enters into force shall be 
deemed as the registration pursuant to this Act: Prov ided, 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 Coun ting 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) (including th e cases applied mutatis mutandis pursuant to the 
provisions of Articles 31 (6), 75 (2) and 82 (2)) sha ll apply even 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 as the last day of the year to which the da y when the holder of right is able to receive the 
compensation concerned for the first time from th e compensation-paying organization belongs. 
 
Article 10 (Transitional Measures concerning Performer's Moral Right) 
The provisions of Articles 66 and 67 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 copyrigh t management service pursuant to the previous 
provisions at the time when this Act enters into force shall be deemed as those who have received 
permission for copyright trust management busine ss, and those who have reported the copyright 
management service shall be deemed as those who have reported the copyright agency and brokerage 
business.  
Article 12 (Transitional Measures concerning Fee a nd Usage Fee for Copyright Trust Management 
Businessman) The rate or amount of fee and usage fee for copy right trust management businessman that has been 
approved pursuant to the previous provisions shall be deemed as having been  approved pursuant to 
this Act.  
Article 13 (Transitional Measures concerning Copyright Committee, etc.) 
The Copyright Deliberation and Conciliation Comm ittee and the members thereof pursuant to the 
previous provisions shall be deem ed as the Copyright Committee and the members thereof pursuant to 
this Act.  
Article 14 (Transitional Measures concer ning Application of Penal Provisions) 
The application of penal provisions to an act before th is Act enters into force shall be governed by the 
previous provisions.  Article 15 Omitted. IP/N/1/KOR/C/3 
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Article 16 (Relationship with Othe r Acts and Subordinate Statutes) 
Where the previous provisions are cited in other Acts  and subordinate statutes at the time when 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 th e 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 establishment committee in order 
for it to take charge of affairs relati ng to the establishment of the Commission. 
 
(3) The establishment 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 sha ll be the chairperson of the establishment committee. 
 (4) The establishment committee shall prepare the artic les of association to obtai n authorization of the 
Minister of Culture, Sports and Tourism before this Act enters into force. 
 (5) When the establishment committe e has obtained authorization pursuant to paragraph (4), it shall 
make registration for the establishment of the Commission.  (6) Expenses incurred in the establishment of th e Commission shall be borne by the State. 
 
(7) After the establishment committee has registered  the establishment of the Commission pursuant to 
paragraph (5), it shall transfer affairs to the ch airperson of the Commission without delay, and the 
establishment committee member s shall be deemed to have been di smissed when transfer of affairs 
has been completed. 
 
Article 4 (Transitional Measures concerning Affairs, Rights and Duties, Employment of Copyright Commission and Computer Programs Protection Committee)   IP/N/1/KOR/C/3 
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  (1) The Korea Copyright Commission shall take ove r 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 when this Act enters into force.  
(2) The chairperson and member s of the Copyright Commission pursuant to Article 112 of the 
previous Copyright Act at the time when this Act en ters 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 a nd members of the previous Copyright Commission 
began.  
 
Article 5 (Transitional Measures c oncerning 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 in to force shall be in acco rdance with the previous 
Computer Programs Protection Act.  Article 6 (Transitional Measures concerning Legal License) 
Acts referred to in the following subparagra phs done under the previous Computer Programs 
Protection Act before this Act enters into force sha ll be deemed to have been done pursuant to this 
Act:  1. 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 concerni ng 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 sh all 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 fo rce, 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 mont hs after the date of its promulgation. 
 Articles 2 through 9 Omitted. IP/N/1/KOR/C/3 
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  ENFORCEMENT DECREE OF  THE COPYRIGHT ACT 
 
 Article 1 (Purpose) 
 
The purpose of this Decree is to provide for th e matters delegated by the Copyright Act and the 
matters necessary for its enforcement.  Article 1-2 (Formulation of Policies for Protection of Copyright) 
 
(1) Matters referred to in the following subparagrap hs shall be included in policies on education and 
public relations for the spread of recognition of co pyright, which are formulated and executed by the 
Minister of Culture, Sports and Tourism pursuan t to Article 2-2 (1) 2 of the Copyright Act 
(hereinafter referred to as the "Act"):  
1. Matters concerning training of human resources specialized in copyright; 
2. Matters concerning education of copyright to juveniles; 3. Matters concerning public relations  of the proper utilization of works; 
4. Other matters deemed necessary by the Minister of Culture, Sports and Tourism for the spread of 
recognition of copyright. 
 
(2) Matters referred to in the following subparagr aphs shall be included in policies on the rights 
management information and technical protecti on measures of works, stage performances, music 
records, broadcasts or database (hereinafter referre d to as "works, etc."), which are formulated and 
executed pursuant to Article 2-2 (1) 3 of the Act: 
 
1. Matters concerning the development of the standa rd system for the integrated management of the 
rights management information; 2. Matters concerning reasons for the exception of pr ohibition of removal, modification or so of the 
rights management information; 3. Matters concerning the standardizat ion of technical protection measures; 
4. Matters concerning reasons for the exception of prohibition of incapacitation of technical protection 
measures; 5. Other matters deemed necessary by the Minister of Culture, Sports and Tourism for the rights management information and technical protection of works, etc.  
(3) If the Minister of Culture, Sports and Tourism intends to formulate policies pursuant to Article 2-
2 (1) of the Act, he/she shall collect opinions of th e related business circle, interested parties or such, 
and consult with the head of the re lated central administrative agency. 
 (4) Where the Minister of Culture, Sports and Tour ism has formulated policies pursuant to Article 2-
2 (1) of the Act, he/she shall post their contents on  the Internet homepage of the Ministry of Culture, 
Sports and Tourism. 
[This Article Newly Inserted by Presiden tial Decree No. 21634, Jul. 22, 2009] 
 Article 2 (Submission of Detail, such as Reproduction, Performance, etc.)  
Those who intend to exploit works pursuant to Article  25 (1) and (2) of the Act shall submit the detail 
of reproduction, distribution, performance, broadcas t and forwarding to an organization (hereinafter 
referred to as the "compensation-receiving organization") that exercises the right to receive compensation pursuant to Article 25 (5) of the Act, and shall pay the corresponding amount of compensation money. <Amended by Presidential Decree No. 21634, Jul. 22, 2009> IP/N/1/KOR/C/3 
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Article 3 (Designation of Compensation-Receiving Organization)  (1) When the Minister of Culture, Sports and T ourism intends to designate a compensation-receiving 
organization, he/she shall designate an organizati on meeting the requirements in the subparagraphs of 
Article 25 (5) of the Act, wherein the voting right s, etc. of the members shall be equal and the 
decision of the organization shall be made de mocratically. <Amended by Presidential Decree 
No. 20676, Feb. 29, 2008>  (2) When the Minister of Culture, Sports and Tourism designates an organization pursuant to 
paragraph (1), he/she shall announce it in the O fficial Gazette. <Amended by Presidential Decree 
No. 20676, Feb. 29, 2008>  Article 4 (Regulations on Duties of Compensation)  
The compensation-receiving organization shall lay down regulations on the duties of compensation 
which involve the matters in the following subparagr aphs, and shall obtain approval from the Minister 
of Culture, Sports and Tourism. If any alteration is intended, the same shall apply: <Amended by 
Presidential Decree No. 20676, Feb. 29, 2008>  1. Matters regarding method of collecting comp ensation money and procedures of collection; 
2. Matters regarding distribution of compensation money; 
3. Matters regarding fee; 4. Matters regarding management of compensation.  Article 5 (Accounting) 
 
The compensation-receiving organization shall keep the accounts of compensation money separately from other accounts.  Article 6 (Revocation of Designation)  
(1) If the Minister of Culture, Sports and Touris m intends to revoke the designation of compensation-
receiving organization pursuant to Article 25 (7) of th e Act, he/she shall hold a hearing. <Amended by 
Presidential Decree No. 20676, Feb. 29, 2008>  (2) Where the Minister of Culture, Sports and Tourism has revoked the designation of compensation-
receiving organization, he/she shall announce the fact in the Official Gazette. <Amended by 
Presidential Decree No. 20676, Feb. 29, 2008>  Article 7 (Announcement of Distribution of Compensation)  The compensation-receiving organization shall notif y the matters regarding the distribution of 
compensation involving the matters in the following  subparagraphs in a ge neral daily newspaper 
registered with a nationwide distribution pursuant to  Article 12 (1) of the Act on the Guarantee of 
Freedom and Functions of Newspapers, etc., and in the Internet homepages of the compensation-
receiving organization and of the Ministry of Culture, Sports and Tourism, respectively. In such cases, 
they shall be posted for one month or more wher e they are announced in the Internet homepages: 
<Amended by Presidential Decree No. 20676, Fe b. 29, 2008; Presidential Decree No. 21634, 
Jul. 22, 2009>  1. Grounds for payment; 2. Standards and object of payment; IP/N/1/KOR/C/3 
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  3. Methods of payment; 
4. Period of payment and methods of ma naging undistributed compensation money; 
5. Person in charge and contact address.  Article 8 (Use of Undistributed Compen sation for Purpose of Public Interest) 
 
(1) The term "purpose of public interest" in Ar ticle 25 (8) of the Act means purpose falling under any 
of the following subparagraphs: <Amended by Presidential Decree No. 21634, Jul. 22, 2009>  1. Education, publicity and research of copyright; 
2. Management and provision of copyright information; 
3. Support to the creation of works; 4. Project to protect copyrights; 5. Project to safeguard the right and interest of authors; 6. Project to activate the exploitation of works and to devise impartial exploitation of works. 
 
(2) If the compensation-receiving organization intends to obtain approval for the use of undistributed 
compensation money pursuant to Article 25 (8) of th e Act, it shall submit a paper stating the matters 
in the following subparagraphs to the Minister of Culture, Sports and Tourism: <Amended by 
Presidential Decree No. 20676, Feb. 29, 2008>  
1. Date of notification of distribution of compensation money; 
2. Amount to apply for approval; 3. Use for compensation money; 4. Plan to use compensation money; 5. Date of application for approval. 
 
(3) When the compensation-receiving organization h as used the undistributed compensation money, it 
shall prepare a report of use and submit it to the Mi nister of Culture, Sports and Tourism within 6 
months. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>  Article 9 (Necessary Measures, su ch as Measures to Prevent Reproduc tion by Education Institution) 
 
The term "necessary measures prescribed by Presidential Decree" in Article 25 (10) of the Act means the measures in the following subparagraphs:  1. Technical measures falling under the following items that are necessary for the prevention of 
unlawful exploitation: 
(a) Measures of limitation of access by which those other than the persons who are having lessons cannot exploit the forwarded works; (b) Measures of prevention of reproduction by whic h those other than the persons who are having 
lessons cannot reproduce the forwarded works;  2. Indication of a warning regarding the protection of copyright on the works; 
3. Installation of equipment to calcula te compensation regarding forwarding. 
 Article 10 (Standards for Reasonable Scope, etc.)  The Minister of Culture, Sports and Tourism shall lay down and announce a guideline on the 
reasonable scope and fair practices pursuant to Ar ticle 28 of the Act. <Amended by Presidential 
Decree No. 20676, Feb. 29, 2008>  Article 11 (Exception to Public Performance with  respect to Commercial Music Records, etc.) 
 IP/N/1/KOR/C/3 
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  The term "cases prescribed by Presidential Decree" in the proviso to Article 29 (2) of the Act means 
public performances falling under any of the follo wing subparagraphs: <Ame nded by Presidential 
Decree No. 20676, Feb. 29, 2008; Presidential Decr ee No. 21634, Jul. 22, 2009; Presidential Decree 
No. 21676, Aug. 6, 2009>  
1. A public performance in the following items  presented at a place of business pursuant to 
subparagraph 8 of Article 21 of the Enforc ement Decree of the Food Sanitation Act: 
(a) A public performance presented at an en tertainment pub restaurant pursuant to 
subparagraph 8 (c) of Article 21 of the Enforcemen t Decree of the Food Sanitation Act and at an 
entertainment drinking facility pursuant to  item (d) of the same subparagraph; 
(b) A public performance presented at the places of business that do not fall under item (a), 
whose part of the main contents of business is ha ving the people appreciate music or cinematographic 
works by equipping with the equipments fit for appreciating music or cinematographic works;  
2. A public performance given at any racec ourse under the provisions of the Korean Racing 
Association Act and any bicycle race track and motorboat racing area under the provisions of the 
Bicycle and Motor-boat Racing Act; 
3. A public performance given at any specialized sports facilities prescribed by the Ordinance of the 
Ministry of Culture, Sports and Tourism among golf courses, skiing grounds, aerobic dance halls, 
dance halls, dancing schools or spec ialized sports facilities under the pr ovisions of the Installation and 
Utilization of Sports Facilities Act; 4. A public performance given at any passenger pl ane operated by the air transport business under the 
Aviation Act, any ship for the marine passenger transport business under the Marine Transportation 
Act and any passenger train under the Railroad Enterprise Act; 5. A public performance given at any hotel, resort condominium, casino, or amusement facility under the provisions of the Tourism Promotion Act; 6. A public performance given at big marts, specia lty stores, department stores, or shopping centers 
under Article 3 of the Enforcement Decree of  the Distribution Industry Development Act; 
7. A public performance of cinematographic works for sale given at a lodging facility pursuant to 
Article 2 (1) 2 of the Public Health Contro l Act or at a public bathhouse pursuant to 
subparagraph 3 (b) of the same  paragraph by equipping with the device for appreciating 
cinematographic works; 8. A public performance in the form of playback  of cinematographic works for sale for which six 
months have not passed from the date of publica tion in facilities falling under any of the following 
items, which are equipped with a device for the appreciation of cinematographic works: (a) Buildings and annexed facilities of the Stat e and local governments (including subordinate 
institutions); (b) Public performance places under the prov isions of the Public Performance Act; 
(c) Museums and art galleries under the provisi ons of the Museum and Art Gallery Support Act; 
(d) Libraries under the provisions of the Library Act; (e) Local cultural institutes under the provisions of the Promotion of Local Cultural Institutes 
Act; (f) Social welfare service houses under the provisions of the Social Welfare Services Act; (g) Facilities related to women under subparagra ph 3 of Article 2 of the Framework Act on 
Women's Development; 
(h) Juvenile training houses under the provisions of subparagraph 1 (a) of Article 10 of the 
Juvenile Activity Promotion Act; (i) Si/Gun/Gu residents halls among the public facilities under the provisions of Article 144 of 
the Local Autonomy Act. 
 IP/N/1/KOR/C/3 
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  Article 12 (Scope of Facilities Permitted to Reproduce) 
 The term "facilities prescribed by Presidential Decree" in the main sentence of the part other than the 
subparagraphs of Article 31 (1) of the Act mean s the facilities falling under any of the following 
subparagraphs: 
 
1. The National Library of Korea, public libra ries, university libraries, school libraries, and 
specialized libraries pursuant to the Library Act (exc luding the specialized libraries established by any 
juristic person or organization for the purpose of  making profits, whose main purpose is to provide 
library services only to the persons belonging thereto); 
2. Facilities established by the State, local governments, or non-profit corporations or organizations 
for the purpose of preserving and lending books, docum ents, records, and other data (hereinafter 
referred to as "book, etc."), or for the purpose of public utilization. 
 Article 13 (Necessary Measures, su ch as Measures to Protect Reproduction by Libraries, etc.) 
 
The term "necessary measures prescribed by Presidentia l Decree" in Article 31 (7) of the Act means 
the measures in the following subparagraphs:  1. Technical measures falling under each of the following items, which are necessary to prevent any 
illegal utilization: 
(a) Measures to prevent reproduction which make users of the facilities pursuant to Article 12 
(hereinafter referred to as "library, etc.") unable to exploit books, etc. in a way other than reading 
within the library, etc.; (b) Measures to limit access to books, etc. to pe rsons other than the users of library, etc.; 
(c) Measures to identify the cases where users of library, etc. exploit books, etc. in a way other 
than reading within the library, etc., or have altered the contents of books, etc.; 
(d) Installation of devices capable of prev enting any person from utilizing the electronic-
recording medium manufactured for the purpose of selling them; 2. Education of the employees of library to prevent any infringement of copyright; 
3. Posting of warning signs on computers, etc.; 4. Installation of devices to compute the compensa tion money pursuant to Article 31 (5) of the Act. 
 
Article 14 (Facilities for Visually Handicapped Persons , etc. where Reproduction, etc. is Permitted) 
 (1) The term "facilities prescribed by Presidential De cree" in Article 33 (2) of  the Act means facilities 
falling under any of the following subparagraphs: <Amended by Presidential Decree No. 21634, 
Jul. 22, 2009> 
 1. Facilities falling under any of the following items among disabled persons' welfare facilities under 
the provisions of Article 58 (1) of the Welfare of Disabled Persons Act: (a) Living facilities for the visually handicapped, etc.; (b) Braille libraries; 
(c) Facilities to take care of the visually ha ndicapped, etc. among rehabilitation facilities for 
disabled persons in regional society and vocational rehabilitation facilities for them; 
2. Special schools and schools of all levels which have special classes for the visually handicapped, 
etc. under the Early Childhood Education Act, the Elementary and Secondary Education Act and the 
Act on Special Education for the Disabled Persons, etc.; 
3. Facilities established and operated by the State,  local governments, non-profit corporations or 
organizations for the purpose of education, science or promotion of welfare of the visually handicapped, etc.  IP/N/1/KOR/C/3 
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  (2) The term "exclusive recording method for the visu ally handicapped, etc. prescribed by Presidential 
Decree" in Article 33 (2) of the Act mean s a method falling under any of the following 
subparagraphs: <Newly Inserted by Pres idential Decree No. 21634, Jul. 22, 2009> 
 1. An information recording method in electronic form aiming at giving expression in braille; 
2. An information recording method aiming at converting printed matters into a voice; 
3. A digital voice information recording method wh ich has been standardized for the visually 
handicapped persons; 4. An information recording method to which techni cal protection measures have been applied, which 
enable no person other than the visual ly handicapped persons to utilize. 
 
Article 15 (Scope of Visua lly Handicapped Persons, etc.) 
 The scope of the visually handicapped, etc. pursuant to  the provisions of Article 33 of the Act shall be 
as follows: 
 
1. Persons falling under any of the followi ng items among the visually handicapped under 
subparagraph 3 of attached Table 1 of the Enfor cement Decree of the Welfare of Disabled Persons 
Act: (a) Persons whose eyesight of good eye (referring to the corrected eye-sight that has been 
measured with the universal eye chart) is not more than 0.2; 
(b) Persons whose visual field of both eyes remain  not more than 10 degrees respectively in their 
main visual point; 2. Persons who are unable to handle the books due to physical or mental handicaps, or unable to make 
normal reading due to evident da mages to their reading abilities. 
 
Article 16 (Facilities for Preservation of Sound Recordings, etc.) 
 The term "place prescribed by the Presidential Decr ee" in the proviso to Article 34 (2) of the Act 
means a place within the facility falling under any of the following subparagraphs: 
1. Facilities set up and operated by the State or local governments for the purpose of preserving recorded materials; 
2. Facilities operated by any broadcasting business operator as prescribed in the provisions of 
subparagraph 3 of Article 2 of the Broadcasti ng Act to collect and preserve sound and visual 
recordings which are offered for broadcasting, or in which such recordings are preserved on his/her 
commission.  
Article 17 (Method of Indicating Source) 
 The Minister of Culture, Sports and Touris m may lay down and announce a guideline on the 
reasonable method of indicating source according to the circumstances of use of works pursuant to 
Article 37 (2) of the Act. <Amended by Pr esidential Decree No. 20676, Feb. 29, 2008> 
 
Article 18 (Standards for Considerable Efforts) 
 The term "considerable efforts which meet the standards prescribed by Presidential Decree" in 
Article 50 (1) of the Act means satisfying all th e requirements in the following subparagraphs: 
<Amended by Presidential Decree No. 20676, Fe b. 29, 2008; Presidential Decree No. 21634, 
Jul. 22, 2009> 
 1. That there shall be a reply saying that they do not have a knowledge thereof, or there shall be no 
answer even though one month has passed from the date the paper has been sent out when a paper 
with a fixed date that inquires into the name or title, address or residence of the holder of author's IP/N/1/KOR/C/3 
Page 56  
 
  property right has been sent out to a copyright trust management businessman (where there is no 
copyright trust management businessman who manag es works in the relevant field to which the 
relevant work belongs, two or  more persons from among the copyright agency and brokerage 
businessmen pursuant to Article 105 (1) of the Act or the exploiters who have been permitted to 
exploit the relevant work) pursuant to Article 105 (1) of the Act who manages the work concerned; 
2. That ten days shall have passed from the date on which the matters, etc. of inquiry pursuant to 
subparagraph 1 have been announced under the conditions as stipulated by Ordinance of the Ministry 
of Culture, Sports and Tourism in a general daily newspaper registered with a nationwide distribution 
pursuant to Article 12 (1) of the Act on the Guarante e of Freedom and Functions  of Newspapers, etc., 
or in the Internet homepages of the Ministry of  Culture, Sports and Tourism and of the Korea 
Copyright Commission (hereinafter referred to as the "Commission") pursuant to Article 112 of the 
Act.  Article 19 (Application for Approval for Exploitation, etc. of Works)  
Those who intend to obtain approval for the exploitati on or broadcast of a work  or for the production 
of music records from the Minister of Culture, Sports and Tourism pursuant to Articles 50 through 52 of the Act shall submit an application for approval for the exploitation of work to the Minister of 
Culture, Sports and Tourism under the conditions as stipulated by Ordinance of the Ministry of 
Culture, Sports and Tourism. <Amended by Pr esidential Decree No. 20676, Feb. 29, 2008> 
 
Article 20 (Submission, etc. of Opinion) 
 (1) When the Minister of Culture, Sports and Tour ism receives an application for approval pursuant to 
Article 19, he/she shall take measures pursuan t to the following subparagraphs: <Amended by 
Presidential Decree No. 20676, Feb. 29, 2008> 
 
1. That he/she shall notify the content of applica tion in the Official Gazette for a period of 15 days 
where an application for the approval of exploitation of a work of which the holder of author's property right pursuant to Article 50 of the Act is unknown; 2. That he/she shall specify a period from 7 days to 30 days and shall give an opportunity to submit an 
opinion to the relevant holder of author's property ri ght or his/her agent in the case of an application 
for approval of broadcast or music record prod uction pursuant to Article 51 or 52 of the Act. 
 (2) When an opportunity to submit an opinion is to be allowed pursuant to paragraph (1) 2, the holder 
of the relevant author's property right or the agent thereof shall be notified in writing no later than 7 
days in advance, which states that the opportunity  to submit an opinion shall be deemed abandoned 
where an opinion is not submitted within the period of time. 
 (3) The holder of author's property right who intends  to raise an objection pursuant to the proviso of 
Article 50 (3) of the Act shall submit an applicati on for objection by affixing a data in the following 
subparagraphs to the Minister of Culture, Sports  and Tourism: <Amended by Presidential Decree 
No. 20676, Feb. 29, 2008; Presidential Decree No. 21634, Jul. 22, 2009> 
 
1. Copy of the certificate of registration of copyright, etc. indicating himself as the holder of rights to the work, or data corresponding thereto; and 2. Copy of works, etc. indicating his/her name or title  (hereinafter referred to as the "name, etc."), or 
stage name, pen name, abbreviated name, etc. (herei nafter referred to as the "second name") by which 
he/she is well known, or data corresponding thereto. 
 Article 21 (Notification, etc. of Approval)  IP/N/1/KOR/C/3 
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  (1) Where the Minister of Culture, Sports and Tourism gives approval pursuant to the provisions of 
Articles 50 through 52 of the Act, he/she shall notify the applicant and the holder of the relevant 
author's property right of the content. In this cas e, he/she shall announce it in the Official Gazette 
where the holder of the relevant author's propert y right or his/her residence is unknown. <Amended 
by Presidential Decree No. 20676, Feb. 29, 2008> 
 
(2) Where the Minister of Culture, Sports and T ourism has given approval pursuant to Article 50 (1) 
of the Act, he/she shall post the content in the following subparagraphs in the Internet homepages of 
the Ministry of Culture, Sports and Tourism and of the Commission for one month or more pursuant 
to Article 50 (4) of the Act: <Amended by President ial Decree No. 20676, Feb. 29, 2008; Presidential 
Decree No. 21634, Jul. 22, 2009> 
 1. Title and date of publication of the work; 2. Name of the author or the holder of author's property right; 3. Name of the person who obtaine d the approval of exploitation; 
4. Conditions for approval of exploitation of th e work (the period permitted for exploitation and 
compensation money); 5. Method and type of exploitation of the work.  Article 22 (Rejection of Application for Approval)   
(1) Where an application for approval of the exploita tion, etc. of a work pursuant to Article 19 falls 
under any of the following subparagraphs, the Minist er of Culture, Sports and Tourism shall turn it 
down: <Amended by Presidential Decree No. 20676, Feb. 29, 2008>  1. Where it does not meet the requirements for an ap plication for the exploitation of a work pursuant 
to Articles 50 through 52 of the Act; 
2. Where the holder of author's property right or his/ her residence has been identified, or an agreement 
has been reached before an approval for th e exploitation of a work has been given; 
3. Where the holder of author's property right withdraws all the reproductions of a work so that they may not be offered for publication or other exploitation; 4. Where it is recognized that the goal can be attain ed even without the relevant work or there is an 
inevitable reason for which the holder of author's prop erty right is not able to allow the exploitation of 
the work.  (2) If the Minister of Culture, Sports and Tourism has rejected the application for exploitation of a work under the provisions of paragraph (1), he/she  shall notify the applicant as well as the holder of 
author's property right of the facts by specifying reasons: Provided, That the holder of authors' 
property right or his/her residence cannot be iden tified, he/she shall notify the applicant only. 
<Amended by Presidential Decree  No. 20676, Feb. 29, 2008> 
 Article 23 (Deposition of Compensation Money)  
(1) The cases where compensation money can be de posited pursuant to the provisions of Articles 50 
through 52 of the Act shall be as follows:  1. Where the holder of author's property right or his/her residence cannot be identified; 2. Where the holder of author's property right has refused to receive the compensation money or it is 
impossible to pay it to the holder of au thor's property right by other reasons; 
3. Where the right of pledge is established on th e right of the holder of author's property right 
(excluding the case where the holder of author's property right has obtained consent of the pledgee).  IP/N/1/KOR/C/3 
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  (2) The deposition of compensation money under para graph (1) shall be made, if the domicile of the 
holder of author's property right is in the Republic of Korea, at the depository in the jurisdiction of 
his/her domicile, and in other cases, at the depository in the jurisdiction of the domicile of the person 
who deposits compensation money.  
(3) Any person who has deposited the compensation money under paragraph (1) 2 and 3, shall notify 
the person who is entitled to receive th e deposit of the fact of deposition. 
 (4) Any person who has deposited the compensati on money under paragraph (1) 1, shall announce the 
fact of deposition under the conditions as prescribed by  Ordinance of the Ministry of Culture, Sports 
and Tourism. <Amended by Presidentia l Decree No. 20676, Feb. 29, 2008> 
 Article 24 (Matters of Registration)  The term "matters prescribed by Presidential Decree" in Article 53 (1) 4 of the Act means the matters 
in the following subparagraphs: 
 1. In case of any derivative work, the title  and author of the original work; 
2. In case of the publication of a work, informati on pertaining to the media that have published the 
work; 3. Where there exist two or more obligee of regist ration, the matters concerning each person's shares. 
 
Article 25 (Principles of Application)  (1) The registration as prescribed in Articles 53 and 54 of the Act shall be made by an application or 
commission, except the cases as provided otherwise in this Decree. 
 
(2) The provisions of registration by an applicati on shall apply mutatis mutandis to the procedure of 
registration by commission.  Article 26 (Application for Registration)  
(1) A person who intends to make registration in accordance with Articles 53 and 54 of the Act shall 
file an application for registration with the Minister of Culture, Sports and Tourism under the conditions as prescribed by the Ordinance of the Mini stry of Culture, Sports and Tourism. <Amended 
by Presidential Decree No. 20676, Feb. 29, 2008>  
(2) The application for registrati on under Article 54 of the Act shall be made, except the cases as 
provided for otherwise by this Decree, jointly by the obligee and obligor of registration: Provided, 
That if a written consent of the obligor is attached to the application, the application may be made by 
the obligee alone.  (3) The application for registration by a judgme nt, inheritance, and other general succession or 
commission may be made only by the obligee of registration. 
 (4) When a copyright trust management businessman pursuant to Article 105 (1) of the Act registers a 
trusted work pursuant to subparagra ph 1 of Article 54 of the Act, he /she may apply for registration in 
the capacity of a copyright trust management bus inessman only. <Newly Inserted by Presidential 
Decree No. 21634, Jul. 22, 2009> 
 (5) Only the title holder of registration may apply for registration for change or correction of the indication of the title holder of registrati on. <Amended by Presidential Decree No. 21634, 
Jul. 22, 2009> IP/N/1/KOR/C/3 
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Article 27 (Statement, etc. in Copyright Register)  (1) Matters in the following subparagraphs shall be  stated in the copyright register (in the case of 
computer program works, referring to a register of  computer program works; hereinafter the same 
shall apply) pursuant to Article 55 (1) of th e Act: <Amended by Presidential Decree No. 21634, 
Jul. 22, 2009>  1. Registration number; 2. Title of work; 
3. Name of author, etc.; 
4. Date of creation, announcement and publication; 5. Name and address of the obligee of registration; 6. Content of registration.  
(2) The form and other necessary matters of the copyright register shall be stipulated Ordinance of the 
Ministry of Culture, Sports and Tourism.  <Amended by Presidential Decree No. 20676, 
Feb. 29, 2008>  Article 28 (Issuance, etc. of Registration Certificate)  
(1) The Minister of Culture, Sports and Tourism shall deliver the registration certificate to the 
applicant as prescribed by Ordinance of the Mini stry of Culture, Sports and Tourism, if the 
application for registration has been received and the registration has been stated on the copyright 
register. <Amended by Presidential Decree No. 20676,  Feb. 29, 2008; Presidential Decree No. 21634, 
Jul. 22, 2009> 
 
(2) Those who intend to have the registration certific ate reissued due to loss, destruction or damage 
shall submit an application stipulated by Ordinance of  the Ministry of Culture, Sports and Tourism to 
the Minister of Culture, Sports and Touris m. <Amended by Presidential Decree No. 20676, 
Feb. 29, 2008>  
Article 29 (Notice of Errors, Omissions and Correction by Official Authority) 
 (1) The Minister of Culture, Sports and Tourism shall, when he/she has discovered any error or 
omission in the matters stated in the copyright register, notify the obligee and obligor of the registration of the fact without delay. <Amende d by Presidential Decree No. 20676, Feb. 29, 2008> 
 
(2) If the error or omission as referred to in para graph (1) has been caused by a fault of a public 
official in charge of registration, the registered matters shall be promptly corrected and the corrected 
contents shall be notified to the obligee and obligor of registration. 
 (3) If there is a third party who is interested in the correction of the registered matters under 
paragraphs (1) and (2), the third party shall also be notified of the contents of such errors or omissions 
and of the fact of corrections according to th em. <Amended by Presidential Decree No. 21634, 
Jul. 22, 2009>  IP/N/1/KOR/C/3 
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  Article 30 (Modification, etc. of Registered Matters) 
 (1) If the obligee of registration applies for the regi stration of correction, modification, erasure or 
recovery of erased registration with respect to th e matters registered under Article 27, he/she shall 
submit to the Minister of Culture, Sports and Tour ism an application for modification of registration 
along with documents which substantiate such mo dification under the conditions as prescribed by 
Ordinance of the Ministry of Culture, Sports  and Tourism. <Amended by Presidential Decree 
No. 20676, Feb. 29, 2008>  (2) When the Minister of Culture, Sports and To urism has received an application pursuant to 
paragraph (1), he/she shall make an entry of the c ontents in the copyright register, and where he/she 
has made registration for recovery of the registrati on modified, corrected or cancelled, he/she shall 
issue a new registration certificate to an applicant, and where he/she has cancelled registration, he/she 
shall notify an applicant of the fact. <Newly Inserted by Presidential Decree No. 21634, Jul. 22, 2009> 
 
Article 31 (Ex Officio Cancellation of Registration)  (1) The Minister of Culture, Sports and Tourism shal l cancel registration where registered matters fall 
under any of the following subparagraphs: <A mended by Presidential Decree No. 20676, 
Feb. 29, 2008> 
 
1. Where the final and conclusive judgment h as proved that they were false registration;  
2. Where the final and conclusive judgment has prove d that they were not the matters of registration. 
 (2) Where they are cancelled pursuant to paragraph (1 ) 2, the fact of cancellation shall be notified to 
the obligee of registration, obligor of registration and third party with interests. 
 Article 32 (Method to Turn Down Application)  Where the Minister of Culture, Sports and Tour ism intends to turn down an application for 
registration pursuant to Article 55 (2) of the Act,  he/she shall prepare a paper specifying the reason 
and notify it to the applicant. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> 
 Article 33 (Publication, etc. of Registration Gazette)  (1) The Minister of Culture, Sports and Tourism sh all publish a registration gazette not less than once 
every two months or post the content of registration gazette in the Internet homepage of the Ministry 
of Culture, Sports and Tourism pursuant to the prov isions of Article 55 (3) of the Act. <Amended by 
Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21634, Jul. 22, 2009>  (2) Matters in the subparagraphs of Article 27 (1) sh all be inserted in the registration gazette pursuant 
to paragraph (1). 
 
Article 34 (Perusal, etc. of Register)  Any person who intends to peruse the register or to have a copy of the register issued in accordance 
with the provisions of Article 55 (3) of the Act sha ll file an application with the Minister of Culture, 
Sports and Tourism under the conditions as stipulated by Ordinance of the Ministry of Culture, Sports 
and Tourism. <Amended by Presidentia l Decree No. 20676, Feb. 29, 2008> 
 Article 35 (Registration by Electronic Data Processing System)  IP/N/1/KOR/C/3 
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  The registration and related businesses pursuant to th e provisions of Articles 24 through 34 may be 
conducted by electronic data processing system . <Amended by Presidential Decree No. 21634, 
Jul. 22, 2009>  Article 36 (Designation, etc. of Authentication Organization) 
 
(1) The organizations that can be designated as au thentication organization pursuant to Article 56 (1) 
of the Act shall be as listed in the followi ng subparagraphs: <Amended by Presidential Decree 
No. 20676, Feb. 29, 2008; Presidential Decree No. 21634, Jul. 22, 2009>  
1. The Commission; 
2. Copyright trust management businessman; 3. Other juristic persons or organizations that the Minister of Culture, Sports and Tourism recognizes 
as being able to execute th e duties of authentication. 
 
(2)  Those who intend to be designated as authentic ation organization pursuant to paragraph (1) shall 
meet the qualifications in the following subparagraphs: 
 1. That they shall have the ability to compensate for the damage inflicted on the users in connection 
with the execution of authentication duties; 2. That they shall be equipped with facilities for the management of user re gistration information and 
the formation and issue of authentication certificate; 
3. That they shall be equipped with protection facilities for the safe operation of facilities and equipments regarding the duties of authentication.  (3) Those who intend to be designated as authentica tion organization shall s ubmit an application for 
the designation of authentication organization prescrib ed by Ordinance of the Ministry of Culture, 
Sports and Tourism by affixing the papers evid encing that they meet the requirements in the 
subparagraphs of paragraph (2) a nd the regulations on the authentication duties including the matters 
in the following subparagraphs to the Minister of Culture, Sports and Tourism: <Amended by 
Presidential Decree No. 20676, Feb. 29, 2008>  
1. Type of authentication; 
2. Standards for authentication; 3. Method and procedure of executing authentication duties; 4. Conditions for using authentication service.  
(4) Where the Minister of Culture, Sports and Tour ism has designated an authentication organization, 
he/she shall issue a certificate of authentication organization under the conditions as stipulated by 
Ordinance of the Ministry of Culture, Sports  and Tourism. <Amended by Presidential Decree 
No. 20676, Feb. 29, 2008>  (5) When the authentication organization designated pursuant to paragraph (4 ) intends to alter the 
content of the regulations on authentication du ties, it shall obtain designation of alteration. 
 (6) When an authentication organization falls under any of the following subparagraphs, the Minister 
of Culture, Sports and Tourism may revoke the designation: <Amended by Presidential Decree 
No. 20676, Feb. 29, 2008> 
 
1. Where it fails to satisfy the qualifi cations in paragraphs (1) and (2); 
2. Where it has managed the duties of authentication in violation of the regulations on authentication 
duties; IP/N/1/KOR/C/3 
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  3. Where it has not conducted the duties of authenti cation for one year or more without justifiable 
reasons.  (7) Where the Minister of Culture, Sports and Tour ism has designated an authentication organization 
or has revoked the designation, he/she shall announce it in the Official Gazette. <Amended by 
Presidential Decree No. 20676, Feb. 29, 2008> 
 Article 37 (Procedures, etc. of Authentication)  (1) A person who intends to obtain authentication pu rsuant to Article 56 of the Act shall submit an 
application for authentication stipulated by Ordinanc e of the Ministry of Culture, Sports and Tourism 
to the authentication organization that has been announced pursuant to Article 36 (7). <Amended by 
Presidential Decree No. 20676, Feb. 29, 2008>  (2) Where the person who has applied for authentica tion pursuant to paragraph (1) is recognized as 
the lawful owner of right (including the case where he /she has been permitted to exploit the work, etc. 
by the lawful owner of right), the authentication organization shall authenticate him/her.  (3) When the authentication organiza tion gives authentication pursuant to paragraph (2), it shall issue 
a certificate of authentication stipulated by Ordinan ce of the Ministry of Culture, Sports and Tourism. 
<Amended by Presidential Decree  No. 20676, Feb. 29, 2008> 
 
(4) The person to whom a certificate of authentica tion has been issued pursu ant to paragraph (3) may 
indicate authentication showing the extent of auth entication, term of validity, etc. on the work. 
 (5) Besides those prescribed in paragraphs (1) through (4), the procedures and standards for 
authentication, indication of authentication, and ot her detailed matters necessary for the authentication 
duties shall be laid down and announced by the Mi nister of Culture, Sports and Tourism. <Amended 
by Presidential Decree No. 20676, Feb. 29, 2008>  Article 38 (Mark of Holder of Right of Reproduction)  
Matters to be put in the mark of holder of right of reproduction pursuant to Article 58 (3) of the Act 
shall be as listed in the following subparagraphs: Pr ovided, That in the case of newspapers registered 
pursuant to Article 12 (1) of the Act on the Guaran tee of Freedom and Functi ons of Newspapers, etc. 
and periodicals registered or reported pursuant to  Article 15 or 16 of the Act on Promotion of 
Periodicals, Including Magazines, the mark of holder of right of reproduction shall not be put: 
<Amended by Presidential Decree No. 21148, Dec. 3, 2008> 
 1. If the object of reproduction is a foreigner's work , the indication of the name of the holder of the 
right of reproduction and the first year of its publication; 2. If the object of reproduction is a work of a na tional of the Republic of Korea, the indication as 
referred to in subparagraph 1 a nd the approval seal of the holder of the right of reproduction; 
3. If the right of reproduction has been transferred by assignment to the holder of the right of 
publication, the indication to such effect.  Article 39 (Period of Consultation on Compensat ion Money for Digital Audio Transmission to 
Performer) 
 
The term the "period prescribed by Presidential Decr ee" in Article 76 (3) of the Act means the period 
from January 1 through June 30 every year.  Article 39-2 (Deposit Institution) IP/N/1/KOR/C/3 
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The term "person prescribed by Presidential Decr ee" in Article 101-7 (1) of the Act means the 
Commission. [This Article Newly Inserted by Presiden tial Decree No. 21634, Jul. 22, 2009] 
 
Article 40 (Request for Suspension of Reproduction or Forwarding) 
 A person who intends to request for the suspension of reproduction or forwarding to an online service 
provider pursuant to Article 103 (1) of the Act (herei nafter referred to as a "claimant to right") shall 
submit a request (including a request in electronic document) stipulated by Ordinance of the Ministry 
of Culture, Sports and Tourism by affixing a veri fying paper (including an electronic document) 
falling under any of the following subparagraphs to the online service provider: Provided, That if the 
claimant to right is a copyright trust management businessman or it is true that he/she has already 
submitted papers verifying that he /she was the holder of right rega rding repetitive violations during 
the last one year, he/she may submit a request only: <Amended by Presidential Decree No. 20676, 
Feb. 29, 2008> 
 1. Copy of the certificate of registration of copyright, etc. indicating himself as the holder of rights to the works, etc., or data corresponding thereto;  2 .Copy of a work, etc. indicating his/her name, et c., or second name by whic h he/she is well known 
or a data corresponding thereto. 
 
Article 41 (Notification of Suspen sion of Reproduction or Forwarding) 
 (1) The online service provider who has suspended th e reproduction or forwarding of works, etc. 
pursuant to Article 103 (2) of the Act shall notify th e reproducer, forwarder and claimant to right with 
a notification sheet (including a notification sheet in  electronic document) stipulated by Ordinance of 
the Ministry of Culture, Sports and Tourism by affixing a request for the suspension of reproduction or forwarding that the claimant to right has subm itted (limited to the reproducer or forwarder, and 
including an electronic document) within thr ee days from the date when the reproduction or 
forwarding has been suspended. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> 
 
(2) Where any on-line service provider makes a notif ication under paragraph (1), the provider shall 
inform the reproducer or transmitter that he/she is entitled to request for resumption of reproduction or 
transmission by vindicating that his/her reproduction or transmission is based upon the lawful right. 
 Article 42 (Request for Resumption of Reproduction or Forwarding) 
 
Any reproducer or forwarder who intends to request  for the resumption of reproduction or forwarding 
pursuant to Article 103 (3) of the Act shall subm it a written request for resumption (including a 
written request in electronic document) stipulated by Ordinance of the Ministry of Culture, Sports and 
Tourism by affixing vindicating da ta (including an electronic document) falling under any of the 
following subparagraphs to the on-line service provider within 30 days from the date when the 
suspension of reproduction or forwarding has been notified: <Amended by Presidential Decree 
No. 20676, Feb. 29, 2008>  1. Copy of the certificate of registration of copyright, etc. indicating himself as the holder of rights to the works, etc., or data corresponding thereto; 
2. Copy of a work, etc. indicating his/her name, etc., or second name by wh ich he/she is well known 
or data corresponding thereto; 3. Copy of the contract attesting the fact that he /she has lawfully obtained permit for reproduction or 
forwarding from the holder of copyright, etc., or data corresponding thereto; IP/N/1/KOR/C/3 
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  4. Where the protection period of author's property right  to work, etc. has expired, data by which it is 
possible to verify such fact.  Article 43 (Notification, etc. of Resumption of Reproduction or Forwarding)  
(1) The online service provider who has been requested for the resumption of reproduction or 
forwarding pursuant to Article 42 shall decide on whether the reproduction or forwarding by the 
reproducer or forwarder is based on the lawful righ t within 3 days from the date he/she has been 
requested for the resumption of reproduction or forw arding, and he/she shall send to the claimant to 
right a notification sheet (including a notification sheet in electronic document) stipulated by 
Ordinance of the Ministry of Culture, Sports and Tourism specifying the expected date of resumption 
of reproduction or forwarding if the request is re cognized as based on the lawful right. <Amended by 
Presidential Decree No. 20676, Feb. 29, 2008>  (2) The expected date of resumption pursuant to pa ragraph (1) shall be a day belonging to the period 
between the 7th day and 14th day from the day when he/she has been requested for the resumption of 
reproduction or forwarding.  Article 44 (Designation of Recipient a nd Public Notification of Change) 
 When an online service provider has designated a recipient (including the case of designating the 
recipient after changing the already designated recipien t) pursuant to Article 103 (4) of the Act, he/she 
shall indicate the information regarding the reci pient in the following subparagraphs on his/her 
information and communications network which pr ovides the services of reproduction or forwarding 
so that everyone can understand easily:   
1. The name and department name whereto he/she belongs; 
2. The telephone number, facsim ile number and e-mail address; 
3. The address capable of receiving the postal matters.  Article 45 (Request of Holder of Right)  
When a holder of right intends to request for th e necessary measures, such as technical measures that 
cut off illegal forwarding of relevant work, etc. pur suant to Article 104 (1) of the Act, he/she shall 
submit a request (including a request in electronic document) stipulated by Ordinance of the Ministry of Culture, Sports and Tourism by affixing the date (including an electronic document) in the 
following subparagraphs to the online service provider of  special type: Provided, That if the holder of 
right is the copyright trust management businessman, or it is true that he/she has already submitted 
papers verifying that he/she was the holder of right  regarding repetitive violations during the last one 
year, he/she may not submit the data in subpa ragraph 1: <Amended by Presidential Decree 
No. 20676, Feb. 29, 2008>  1. Data falling under any of the following items by which he/she can vindicate that he/she is the 
holder of right: 
(a) Copy of the certificate of registration of copy right, etc. in which he/she is indicated as the 
holder of right to the work, etc. or a data corresponding thereto; (b) Copy of the work, etc. in which his/her name , etc. or renowned second name is indicated, or a 
data corresponding thereto; 
2. Title of work by which it is possible to identify th e work, etc. that have b een requested to cut off, 
characters or signs corresponding thereto (hereinafter referred to as the "title, etc.") or a data of 
reproductions, etc.  Article 46 (Necessary Measures, such as Techni cal Measures to Cut Off Illegal Forwarding) IP/N/1/KOR/C/3 
 Page 65 
 
 
   
(1) The term "necessary measures, such as technical  measures that cut off illegal forwarding of the 
relevant work, etc." in the forepart of Article  104 (1) of the Act means all the measures in the 
following subparagraphs: <Amended by Presidential Decree No. 21634, Jul. 22, 2009>  
1. Technical measures that can identify the work, etc.  by comparing the title, etc. and characteristic of 
work, etc.; 2. Measures of limiting search or transmission to cu t off illegal forwarding of work, etc. that came to 
be recognized pursuant to subparagraph 1; 3. Where the illegal forwarder of the relevant work, et c. can be identified, the dispatch of warning to 
the forwarder of the work, etc. requesting for the prohibition of infringement on the copyright. 
 (2) When the holder of right requests, the measure s listed in paragraph (1) 1 and 2 shall be taken 
immediately.  
Article 47 (Application for Permission for Copyright Trust Management Business) 
 (1) A person who intends to obtain permission fo r copyright trust manage ment business pursuant to 
the provisions of Article 105 (1) and (2) of the Act shall submit an application (including an 
application in electronic document) for permission for copyright trust management business stipulated 
by Ordinance of the Ministry of Culture, Sports a nd Tourism by affixing the regulations (including an 
electronic document) on the duties of copyright trust management business which include the matters 
in the following subparagraphs to the Minister of Culture, Sports and Tourism: <Amended by 
Presidential Decree No. 20676, Feb. 29, 2008>  1. Clause of copyright trust agreement; 
2. Clause of work exploitation agreement. 
 (2) When the Minister of Culture, Sports and T ourism permits copyright trust management business, 
he/she shall issue a certificate of permission for copyright trust management business stipulated by 
Ordinance of the Ministry of Culture, Sports  and Tourism. <Amended by Presidential Decree 
No. 20676, Feb. 29, 2008> 
 
(3) When the person who has obtained permission pur suant to paragraph (2) intends to alter the 
regulations on the duties of copyright trust manage ment business pursuant to paragraph (1), he/she 
shall obtain permission for alteration.  
Article 48 (Report of Copyright Agency and Brokerage Business) 
 (1) A person who intends to report copyright agency and brokerage business pursuant to 
Article 105 (1) of the Act shall submit a report (including a report in electronic document) of copyright agency and brokerage business stipulated by Ordinance of the Ministry of Culture, Sports and Tourism by affixing the regulations (including an electronic document) on the duties of copyright 
agency and brokerage business that involve the matter s in the following subparagraphs to the Minister 
of Culture, Sports and Tourism: <Amended by Presidential Decree No. 20676, Feb. 29, 2008; 
Presidential Decree No. 21634, Jul. 22, 2009>  1. Clause of agreement of copy right agency and brokerage; 
2. Clause of work exploitation agreement. 
 (2) The Minister of Culture, Sports and Tourism who has received a report pur suant to paragraph (1) 
shall issue a certificate of report of copyright agen cy and brokerage business stipulated by Ordinance IP/N/1/KOR/C/3 
Page 66  
 
  of the Ministry of Culture, Sports and Tour ism. <Amended by Presidential Decree No. 20676, 
Feb. 29, 2008>  (3) If a person who has reported pursuant to paragra ph (1) intends to alter th e reported matters, he/she 
shall submit a report of alteration of copyright ag ency and brokerage busin ess under the conditions as 
stipulated by Ordinance of the Ministry of Cultu re, Sports and Tourism. <Amended by Presidential 
Decree No. 20676, Feb. 29, 2008>  Article 49 (Application for Approval of Usag e Fee, etc. and Procedures for Approval) 
 
(1) Where a copyright trust management businessma n intends to apply for the approval (including 
application for alteration; hereinafter the same shal l apply) of rate or amount of fee and usage fee 
pursuant to Article 105 (5) of the Act, he/she sha ll apply for approval to the Minister of Culture, 
Sports and Tourism in writing. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> 
 
(2) When the Commission has been requested for deliberation from the Minister of Culture, Sports 
and Tourism pursuant to Article 105 (6) of the Act, it shall deliberate it within two months from the 
date of request and submit the result to the Minist er of Culture, Sports and Tourism without delay: 
Provided, That if it is impossible to deliberate it within the relevant period due to unavoidable 
reasons, the period may be extended for two more  times only. <Amended by Presidential Decree 
No. 20676, Feb. 29, 2008; Presidential Decree No. 21634, Jul. 22, 2009> 
 
(3) When the Minister of Culture, Sports and Touris m receives an application for approval for rate or 
amount of usage fee pursuant to Article 105 (7) of  the Act, he/she shall post the content on the 
Internet homepage of the Ministry of Culture, Sports  and Tourism not less than 14 days that he/she 
may collect the opinions of the interest par ties. <Amended by Presidential Decree No. 20676, 
Feb. 29, 2008; Presidential Decree No. 21634, Jul. 22, 2009> 
 (4) Where the Minister of Culture, Sports and Tourism has approved (including the approval of alteration) the rate or amount of usage fee, he/s he shall post the content of approval on the Internet 
homepage of the Ministry of Culture, Sports  and Tourism. <Amende d by Presidential Decree 
No. 20676, Feb. 29, 2008; Presidential Decree No. 21634, Jul. 22, 2009> 
 
Article 50 (Preparation of List of  Works, etc. under Management) 
 Matters in the following subparagraphs shall be inse rted in the list of works, etc. under management 
pursuant to Article 106 (1) of the Act: 
 
1. Title of works, etc.; 2. Name, etc. of author, performer, music record  producer or broadcasting service provider, and 
database producer; 3. Year of creation or publication, year of performance or fixation, and year of production. 
 
Article 51 (Information Needed for C ontracting Exploitation Agreement) 
 The term "information prescribed by Presidential Decree" in Article 106 (2) of the Act means information in the following subparagraphs:  
1. List of works, etc.; 
2. Period of trust agreement with the holder of au thor's property right of the relevant work, etc.; 
3. Conditions for exploitation, such as usage fee and standard contract.  Article 52 (Report) IP/N/1/KOR/C/3 
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(1) Pursuant to Article 108 (1) of the Act, a c opyright trust management businessman shall, every 
year, report the business showings of the preceding y ear and the business program of the current year 
under the conditions as stipulated by Ordinance of the Ministry of Culture, Sports and Tourism. 
<Amended by Presidential Decree  No. 20676, Feb. 29, 2008> 
 
(2) A copyright agency and brokerage businessman shall, every year, report the business showings of 
the preceding year under the conditions as stipulated by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidentia l Decree No. 20676, Feb. 29, 2008> 
 
Article 53 (Standards, etc. for Ca lculation of Penalty Surcharge) 
 (1) The standards for calculation of penalty surcharg e that is imposed pursuant to Article 111 (1) of 
the Act shall be 500,000 won per day of duty su spension in the case of order of duty suspension on 
the grounds of Article 109 (1) 1 or 2 of the Act, and 200,000 won per day of duty suspension in the 
case of order of duty suspension on the grounds of Article 109 (1) 3 or 4 of the Act. 
 (2) The Minister of Culture, Sports and Tourism may aggravate or commute the penalty surcharge within the extent of 1/2 of the amount of penalty surcharge pursuant to paragraph (1) in consideration 
of the degree of violation, frequency of violation, motive and result of violation, etc.: Provided, That 
the total amount of penalty surcharge shall not exceed 50 million won even if it is aggravated. 
<Amended by Presidential Decree  No. 20676, Feb. 29, 2008> 
 Article 54 (Imposition and Payment of Penalty Surcharge)  (1) When the Minister of Culture, Sports and Tour ism intends to impose a penalty surcharge pursuant 
to Article 111 (1) of the Act, he/she shall notify th e object of disposition to pay the penalty surcharge 
by stating the fact of violation, imposition amount, etc. in writing. <Amended by Presidential Decree 
No. 20676, Feb. 29, 2008>  (2) The person who has been notified pursuant to pa ragraph (1) shall pay the penalty surcharge at the 
receiving organization designated by the Minister of  Culture, Sports and Tourism within 20 days from 
the date when he/she has been notified: Provided, That if he/she could not pay the penalty surcharge 
within the period due to natural calamity or othe r unavoidable reasons, he/she shall pay it within 7 
days after the reason has vanished. <Amended by  Presidential Decree No. 20676, Feb. 29, 2008> 
 (3) The receiving organization that has received the penalty surcharge pursuant to paragraph (2) shall 
issue a receipt to the payer. 
 (4) When the receiving organization has received a penalty surcharge pursuant to paragraph (2), it 
shall notify the fact to the Minister of Culture , Sports and Tourism wit hout delay. <Amended by 
Presidential Decree No. 20676, Feb. 29, 2008>  
(5) The Minister of Culture, Sports and Tourism sh all record and manage the matters regarding the 
imposition and collection of penalty surcharge.  <Amended by Presidential Decree No. 20676, 
Feb. 29, 2008>  Article 55 (Procedures for Use of Penalty Surcharge) 
 
Pursuant to Article 111 (4) of the Act, the Minister  of Culture, Sports and Tourism shall formulate and 
execute an operational plan for the use, method, etc.  of penalty surcharge by October 31 of every year. 
<Amended by Presidential Decree  No. 20676, Feb. 29, 2008> 
 IP/N/1/KOR/C/3 
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  Article 56 (Chairperson and Vice Chairperson) 
 (1) The chairperson of the Commission shall represent the Commission and manage the overall duties of the Commission. <Amended by Preside ntial Decree No. 21634, Jul. 22, 2009> 
 
(2) The vice chairperson shall assist the chairp erson, and the vice chairperson designated by the 
chairperson shall execute the duties by proxy when the chairperson is unable to perform the duties due 
to unavoidable reasons.  Article 57 (Convocation of  Meeting and Quorum) 
 
(1) The chairperson of the Commission shall c onvene the meeting of the Commission and shall 
preside over it. <Amended by Presidential Decree No. 21634, Jul. 22, 2009>  (2) The meeting of the Commission shall convene its  meeting with the attendance of majority of 
members on the register, and decisions shall be made with the consent of two-thirds or more of the 
members present. <Amended by Presidential Decree No. 21634, Jul. 22, 2009>  (3) The members of the Commission shall not particip ate in the deliberation, conciliation, mediation 
or resolution of the matters in which they have direct personal interests. <Amended by Presidential 
Decree No. 21634, Jul. 22, 2009> 
 
Article 58 (Treatment of Members, etc.)  (1) The members of the Commission except the ch airperson shall serve on a part-time basis. 
<Amended by Presidential Decree No. 21634, Jul. 22, 2009> 
 
(2) Remuneration shall be paid to the full-time member and the part-time members may be paid 
expenses actually needed to perform th eir duties within the limit of budget. 
 (3) A full-time member shall not engage in any profit-making activity other than his/her duty, and shall not serve concurrently in any other position w ithout approval of the Minister of Culture, Sports 
and Tourism. <Amended by Presidentia l Decree No. 20676, Feb. 29, 2008> 
 Article 59 (Formation and Oper ation of Subcommittees)  
 Matters necessary for the formation, operation, etc.  of subcommittees pursuant to Article 112 2 (5) of 
the Act shall be determined by the chairpers on of the Commission through a resolution of the 
Commission. [This Article Wholly Amended by Preside ntial Decree No. 21634, Jul. 22, 2009] 
 Article 59-2 (Mediation)  
(1) Any person who intends to receive mediation on a dispute pursuant to Article 113-2 of the Act 
shall file an application for mediation in which ma tters referred to in the following subparagraphs are 
mentioned with the Commission:  1. Names and domiciles of the persons concerned (w here there is an agent, including the name and 
domicile of the agent); 
2. The effect and reason of application.  (2) Matters necessary for detailed procedures, etc. for mediation pursuant to paragraph (1) shall be 
determined by the chairperson of the Commission through a resolution of the Commission. IP/N/1/KOR/C/3 
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  [This Article Newly Inserted by Presiden tial Decree No. 21634, Jul. 22, 2009] 
 Article 60 (Formation and Opera tion of Conciliation Division) 
 The conciliation division pursuant to Article 114 of the Act shall consist of 3 members: Provided, 
That for the cases of request for conciliation of which the amount is five million won or less, one 
member designated by the chairperson of th e Commission may execute the conciliation duty. 
<Amended by Presidential Decree No. 21634, Jul. 22, 2009>  Article 61 (Procedure, etc. of Conciliation) 
 
(1) Any person who intends to apply for dispute c onciliation pursuant to Article 114-2 of the Act shall 
submit an application for conciliation to the Co mmission under the conditions as laid down by the 
Commission. <Amended by Presidential Decree No. 21634, Jul. 22, 2009>  
(2) Any person who makes an application for conciliati on pursuant to paragraph (1) shall pay a part of 
expenses for conciliation in advance, and where c onciliation is effected, each party shall pay the 
remaining expenses for conciliation. In such cases, procedures for payment of expenses for 
conciliation shall be determined by the chairper son of the Commission through a resolution of the 
Commission. <Newly Inserted by Presidential Decree No. 21634, Jul. 22, 2009>  
(3) The chairperson, on receipt of the application for conciliation under paragra ph (1), shall designate 
a conciliation division and refer the application for conciliation to it. 
 (4) The conciliation division may prepare a proposal of conciliation, and present it to the person 
concerned: Provided, That where it is evident that  conciliation will not be effected, this shall not 
apply. <Amended by Presidential Decree No. 21634, Jul. 22, 2009> 
 (5) The conciliation division shall conciliate within three months from the date of application for 
conciliation: Provided, That if a special ground exis ts, the period may be exte nded one more time only 
within the extent of one month with approval of both parties.  
(6) Where an appraisal is made pursuant to Article  119 (1) 2 of the Act, a period for appraisal shall 
not be included in the period for conciliation refe rred to in paragraph (5). <Newly Inserted by 
Presidential Decree No. 21634, Jul. 22, 2009>  Article 62 (Request, etc. for Attendance) 
 
(1) The Commission may request the parties concerned,  proxies thereof or interested persons to attend 
the meeting or to submit relevant documents if necessary for the conciliation of disputes. <Amended 
by Presidential Decree No. 21634, Jul. 22, 2009>  (2) When requesting for the attendance pursuant to pa ragraph (1), it shall notify the parties concerned, 
proxies thereof, or interested persons in wr iting not later than seven days in advance. 
 (3) When persons other than the parties to concilia tion attend the Commission in answer to the request 
for attendance, the Commission may pay actual expe nses, such as allowance and travel expense. 
<Amended by Presidential Decree No. 21634, Jul. 22, 2009> 
 
(4) The Commission shall manage and keep the doc uments of reconciliation and related records. 
<Amended by Presidential Decree No. 21634, Jul. 22, 2009>  Article 63 (Miscarriage, etc. of Conciliation) IP/N/1/KOR/C/3 
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(1) When it falls under any of the following subparagr aphs, the conciliation sha ll be deemed to have 
fallen through: <Amended by Presidential Decree No. 21634, Jul. 22, 2009>  1. Where the parties concerned have not answered the request for attendance pursuant to Article 62 
without justifiable reasons; 
2. Where it has passed the period of time pursuant to Article 61 (5) from the date when an application 
for conciliation was filed; 3. Where an agreement between the pa rties concerned has not been reached. 
 
(2) Where the conciliation has fallen through pursuant to paragraph (1), the reason thereof shall be 
stated in the document.  Article 64 (Procedure, Method, etc. of Appraisal)  
(1) Those who intend to request for appraisal pursu ant to Article 119 (1) of the Act shall submit the 
data in the following subparagraphs to th e Commission: <Amended by Presidential Decree 
No. 21634, Jul. 22, 2009>  1. The original or copy of a work subject to appraisal; 2. Data by which it is able to compare the simila rity of related works in the case of a request for 
appraisal on infringement; 
3. Other data that the Commission requ ests as it judges necessary for appraisal. 
 (2) When giving an appraisal, the Commission shall organize an expert appraisal committee to deal 
with the duties with impartiality and objectivit y. <Amended by Presidential Decree No. 21634, 
Jul. 22, 2009> 
 (3) The expert appraisal committee may have regular members for professional appraisal.  (4) Matters necessary for the formation of expert appraisal committee, procedure of appraisal, etc. 
shall be laid down by the Commission. <Amended by Presidential Decree No. 21634, Jul. 22, 2009> 
 
Article 65 (Organization, Operation, etc. of Commission)  Matters necessary for the organization, operation, et c. of the Commission shall be determined by the 
chairperson of the Commission through a resolution of the Commission: Provided, That matters 
concerning the organization, full strength and rem uneration shall be approved by the Minister of 
Culture, Sports and Tourism. [This Article Wholly Amended by Preside ntial Decree No. 21634, Jul. 22, 2009] 
 Article 66 (Organization, Operation, etc. of Copyright Information Center)  
(1) The copyright information center pursuant to  Article 120 of the Act may have a copyright 
exchange to provide copyright information, etc.  and a technical committee for rights management 
information, protection of copyright and support for distribution.  (2) The copyright information center shall perform du ties referred to in the following subparagraphs: 
 
1. Construction and operation of the integrated mana gement system for the systematic formulation, 
management and utilization of rights management information of works; 
2. Development, management and spread of the in tegrated copyright number system by which works 
and rightful claimants can be discerned; IP/N/1/KOR/C/3 
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  3. Researches for the standardization of technical protection measures; 
4. Evaluation of the implementation of standards for technical protection measures and development 
of standard means of evaluation for them; 5. Survey and research on copyright information technologies. [This Article Wholly Amended by Preside ntial Decree No. 21634, Jul. 22, 2009] 
 
Article 67 (Budget, Settlement of Accounts, etc.)  (1) The Commission shall prepare the programs of business and draft budget of the following business 
year before the expiry of each business year, and submit them to the Minister of Culture, Sports and 
Tourism for approval. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential 
Decree No. 21634, Jul. 22, 2009>  (2) The Commission shall prepare each business y ear a performance record and a statement of 
accounts and submit them to the Minister of Culture, Sports and Tourism within sixty days after the 
expiry of the current business year. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; 
Presidential Decree No. 21634, Jul. 22, 2009>  (3) The Minister of Culture, Sports and Tourism may have the Commission report on its work or submit relevant materials to him/her if it is  deemed necessary. <Amended by Presidential Decree 
No. 20676, Feb. 29, 2008; Presidential Decree No. 21634, Jul. 22, 2009> 
 
Article 68 (Entrustment of Duties)  (1) Pursuant to Article 130 of the Act, the Minister  of Culture, Sports and Tourism shall entrust the 
duties in the following subparagraphs to th e Commission: <Amended by Presidential Decree 
No. 20676, Feb. 29, 2008; Presidential Decree No. 21634, Jul. 22, 2009> 
 1. Approval for exploitation of works and decisi on on the standards for compensation money pursuant 
to the provisions of Articles 50 through 52 of the Act; 2. Registration (including the case applied mutatis mu tandis in Articles 63 (3), 90, 98 and 101-6 (6) of 
the Act, however, excluding the cases of duties of r eceiving registration pursuant to paragraph (2)) of 
copyright pursuant to Article 55 of the Act. 
 (2) Pursuant to Article 130 of the Act, the Minister  of Culture, Sports and Tourism shall entrust the 
duties (including the case applied mutatis mutandis in  Articles 63 (3), 90, 98 and 101-6 (6) of the Act) 
of receiving applications for registration of copy right pursuant to Article 55 of the Act to the 
Commission and the copyright trust management  businessman designated and announced by the 
Minister of Culture, Sports and Tourism.  <Amended by Presidential Decree No. 20676, 
Feb. 29, 2008; Presidential Decree No. 21634, Jul. 22, 2009>  (3) Pursuant to Article 130 of the Act, the Minister  of Culture, Sports and Tourism shall entrust the 
duties of receiving donations of rights of the hol der of author's property right, etc. pursuant to 
Article 135 (1) of the Act to the organization designa ted pursuant to paragraph (2) of the same Article. 
<Amended by Presidential Decree  No. 20676, Feb. 29, 2008> 
 Article 69 (Procedures for and Methods of  Collection, Scrapping and Deletion) 
 
(1) The competent public official who collects, scraps or deletes reproductions, etc. pursuant to 
Article 133 (1) of the Act shall carry a certificate indicating the authority and show it to the interested persons. <Amended by Presidential Decree No. 21634, Jul. 22, 2009>  IP/N/1/KOR/C/3 
Page 72  
 
  (2) Where the competent public official has co llected, scrapped and dele ted reproductions, etc. 
pursuant to Article 133 (1) of the Act, he/she sh all deliver a certificate of collection under the 
conditions as stipulated by Ordinance of the Minist ry of Culture, Sports and Tourism to the possessor 
or occupier, and state the content in the book of  collection, scrapping and deletion. <Amended by 
Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21634, Jul. 22, 2009> 
 
(3) The illegal reproductions, etc. that have been collected may be scrapped when three months have 
passed since the date of collection:  Provided, That the instrument, equipment and program that have 
been made to make the technical protection measure s of works, etc. powerless may be scrapped when 
six months have passed since the date of collection. 
 
Article 70 (Entrustment, etc. of Duties of Collection, Scrapping and Deletion)  (1) Pursuant to Article 133 (2) of the Act, the Mini ster of Culture, Sports and Tourism may entrust the 
duties of collection and scrapping to the organiza tions in the following subparagraphs: <Amended by 
Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21634, Jul. 22, 2009> 
 1. The Commission; 2. Organization whose principal members ar e copyright trust management businessmen; 
3. Other corporations and organizations that the Minister of Culture, Sports and Tourism recognizes 
as having the capability and qualifications for the du ties of collection, scrapping and deletion of 
illegal reproductions, etc. 
 (2) Any staff member of the organization which conducts the duties of collection, scrapping and 
deletion pursuant to paragraph (1) shall carry a certifi cate stipulated by Ordinance of the Ministry of 
Culture, Sports and Tourism and show it to the in terested persons. <Amended by Presidential Decree 
No. 20676, Feb. 29, 2008; Presidential Decree No. 21634, Jul. 22, 2009> 
 Article 71 (Request, etc. for Cooperation for Collection, Scrapping and Deletion) 
 The term "relevant organization" in Article 133 (3) of the Act means an organization in the following subparagraphs: 
 
1. Copyright trust management businessman; 2. Organization whose principal members ar e copyright trust management businessmen; 
3. Corporations and organizations that have been established for the purpose of creation of works, etc. 
and the promotion of industry. 
 
Article 72 (Procedures for and Methods of Delibera tion of Orders, etc. for Deletion of Illegal 
Reproductions through Informati on and Communications Network) 
 If the Commission receives a request for deliberati on from the Minister of Culture, Sports and 
Tourism pursuant to Article 133-2 (1) of the Act, it sh all deliberate within seven days from the date of 
request, and if it receives a request for deliberation from the Minister of Culture, Sports and Tourism 
pursuant to paragraphs (2) and (4) of the same Arti cle, it shall deliberate within 14 days from the date 
of request and submit the result thereof to the Minister of Culture, Sports and Tourism without delay: Provided, That where it cannot deliberate within th e period due to unavoidable reasons, it may extend 
the period twice only. 
[This Article Wholly Amended by Preside ntial Decree No. 21634, Jul. 22, 2009] 
 Article 72-2 (Procedures for and Methods of Orders for Warning or Deletion) 
 IP/N/1/KOR/C/3 
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  If the Minister of Culture, Sports and Tourism intends to order an online service provider to give a 
warning on a reproducer and transmitter of illegal re productions, etc., to dele te illegal reproductions, 
etc., or to suspend transmission of them pursuant to Article 133-2 (1) of the Act, he/she shall prepare a 
written order prescribed by Ordinance of the Ministry of Culture, Sports and To urism and notify it in 
writing (including electronic documents; hereinafter the same shall apply). 
[This Article Newly Inserted by Presiden tial Decree No. 21634, Jul. 22, 2009] 
 Article 72-3 (Procedures for and Methods of  Orders for Suspension of Accounts) 
 (1) When the Commission deliberates pursuant to Artic le 133-2 (2) of the Act, it shall take matters 
referred to in the following subpa ragraphs into consideration: 
 1. Recidivism of the relevant reproducer and transmitter; 2. Quantities reproduced and transmitted by th e relevant reproducer and transmitter; 
3. Kinds of illegal reproductions, etc. poste d and their possibilities of substituting market; 
4. The influence of illegal reproductions, etc. on the distribution order of works, etc. 
 (2) If the Minister of Culture, Sports and Touris m intends to order an online service provider to 
suspend accounts of the relevant reproducer and tr ansmitter of illegal reproductions or such pursuant 
to Article 133-2 (2) of the Act, he/she shall prepar e a written order in which matters referred to in the 
following subparagraphs are mentioned and notify it in writing: 
 
1. Accounts of the reproducer and transmitter; 2. The fact that the reproducer and transmitter have  received warnings pursuant to Article 133-2 (1) 1 
of the Act three times or more; 3. The fact that the reproducer and transmitter ha s transmitted illegal reproductions, etc. after he/she 
received warnings pursuant to Article 133-2 (1) 1 of the Act three times or more; 
4. The period of suspension.  (3) The period of suspension of accounts of th e reproducer and transmitter pursuant to Article 133-
2 (2) of the Act shall be as the following subparagraphs:  
1. Less than one month in th e case of the first suspension; 
2. Not less than one month and less than thr ee months in the case of the second suspension; 
3. Not less than three months and less than six months in the case of the third or subsequent 
suspension.  
(4) An online service provider who has received a wr itten order referred to in  paragraph (2) shall, 
without delay, notify the relevant reproducer a nd transmitter of matters referred to in the 
subparagraphs of paragraph (2) mentioned in writing pursuant to Article 133-2 (4) of the Act. 
[This Article Newly Inserted by Presiden tial Decree No. 21634, Jul. 22, 2009] 
 Article 72-4 (Procedures for and Methods of Orde rs for Suspension of Bulletin Board Service) 
 
(1) When the Commission deliberates pursuant to Artic le 133-2 (4) of the Act, it shall take matters 
referred to in the following subpa ragraphs into consideration: 
 1. Commercialism of the relevant bulletin board; 
2. Effect of opening of the relevant bulletin board; 
3. Functions and methods of utiliza tion of the relevant bulletin board; 
4. Number of users of the relevant bulletin board; 5. Percentage of illegal reproductions, etc.; 6. Kinds of illegal reproductions, etc. poste d and their possibilities of substituting market; IP/N/1/KOR/C/3 
Page 74  
 
  7. Degree of efforts of the relevant bulletin  board to shut out illegal reproductions, etc.; 
8. Level of providing convenience to posti ng or utilization of illegal reproductions, etc. 
 (2) If the Minister of Culture, Sports and Touris m intends to order an online service provider to 
suspend services of the relevant bulletin board pursuan t to Article 133-2 (4) of the Act, he/she shall 
prepare a written order in which matters referred to  in the following subparagraphs are mentioned and 
notify it in writing:  1. Bulletin boards subject to suspension; 2. The fact that he/she has received orders pursu ant to Article 133-2 (1) 2 of the Act not less than 
three times; 
3. The contents of offenses; 4. The period of suspension.  (3) The period of suspension of services of the rele vant bulletin board pursuant to Article 133-2 (4) of 
the Act shall be as the following sub-paragraphs: 
 1. Less than one month in th e case of the first suspension; 
2. Not less than one month and less than thr ee months in the case of the second suspension; 
3. Not less than three months and less than six months in the case of the third or subsequent 
suspension. 
 
(4) When an online service provider posts the fact of suspension of a bulletin board pursuant to 
Article 133-2 (5) of the Act, he/she shall have user s of the relevant bulletin board easily know the fact 
by mentioning matters referred to in the subparagraphs of paragraph (2). 
[This Article Newly Inserted by Presiden tial Decree No. 21634, Jul. 22, 2009] 
 
Article 72-5 (Procedures for and Method s of Report of Result of Measures) 
 An online service provider shall mention matters referr ed to in the following subparagraphs in a report 
of the result of measures prescribed by Ordinance of  the Ministry of Culture, Sports and Tourism 
pursuant to Article 133-2 (6) of the Act and submit it to the Minister of Culture, Sports and Tourism: 
 
1. The contents of measures taken pursuant to an order; 
2. Information which can identify a reproducer a nd transmitter (in the case of an order pursuant to 
Article 133-2 (4) of the Act, it shall be excluded); 3. The date of execution of an order. 
[This Article Newly Inserted by Presiden tial Decree No. 21634, Jul. 22, 2009]  
 Article 72-6 (Procedures for Recommendation of Correction)  (1) If the Commission intends to recommend correcti on pursuant to Article 133-3 (1) of the Act, it 
shall recommend correction in writing with matte rs referred to in the following subparagraphs 
mentioned therein: 
 1. The contents of offenses; 2. Matters recommended to correct; 3. The deadline for correction; 
4. Measures to be taken when reco mmendation of correction is refused. 
 (2) An online service provider who has been notified of recommendation of correction pursuant to paragraph (1) shall notify the Commission of the result of measures taken in writing with matters 
referred to in the following s ubparagraphs mentioned therein: IP/N/1/KOR/C/3 
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1. The contents of measures taken pur suant to recommendation of correction; 
2. The date of execution of recommendation of correction; 3. In the case of refusal of recommendati on of correction, the reasons thereof. 
 
(3) When the Commission deliberates Article 133-3 (1) 3 of  the Act, it shall take matters referred to in 
Article 72-3 (1) into consideration. [This Article Newly Inserted by Presiden tial Decree No. 21634, Jul. 22, 2009] 
 Article 73 (Projects for Fair Use of Works) 
 
The term "projects necessary for promotion of fair use of works" in Article 134 (1) of the Act means 
the projects in the following subparagraphs: <Amended by Presidential Decree No. 20676, 
Feb. 29, 2008>  
1. Project necessary for the provision, etc. of information on works, etc. of which the period of 
protection has expired; 2. Project for the construction of a system to jointly utilize work s of public agencies; 
3. Project to improve the system of use permission,  such as the development of standard contract;  
4. Enactment of guideline for the preparation of standards for impartial exploitation of works and 
encouraged projects; 
5. Project to activate the system of indicating permission for the exploitation of works, etc.; 
6. Other projects that the Minister of Culture, Sports and Tourism recognizes as necessary for the 
impartial exploitation of works.  Article 74 Deleted. <by Presidential Decree No. 21634, Jul. 22, 2009> 
 
Article 75 (Procedure of Donation)  (1) A person who intends to donate author's property right, etc. pursuant to Article 135 (1) of the Act 
shall submit a pledge of donation of author's property right, etc. stipulated by Ordinance of the Ministry of Culture, Sports and Tourism and the reproduction of the work, etc. for donation to the 
Minister of Culture, Sports and Tourism.  <Amended by Presidential Decree No. 20676, 
Feb. 29, 2008>  (2) The Minister of Culture, Sports and Tourism who has received donation pursuant to paragraph (1) 
shall record the title of the donated work, etc., na me of donator, etc. in the management book under 
the conditions as stipulated by Ordinance of the Ministry of Culture, Sports and Tourism and post 
them on the Internet homepage of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21634, Jul. 22, 2009>  Article 76 (Designation, etc. of  Management Organization) 
 
(1) The organization that can be designated as an organization that manages author's property right, 
etc. pursuant to Article 135 (2) of the Act (herei nafter referred to as the "management organization") 
shall be as follows: <Amended by Presidential Decree  No. 20676, Feb. 29, 2008; Presidential Decree 
No. 21634, Jul. 22, 2009>  
1. The Commission; 
2. Copyright trust management businessman; 3. Organization whose principal members ar e copyright trust management businessmen; 
4. Other corporations or organizations that the Mi nister of Culture, Sports and Tourism recognizes as 
having the capability to conduct the duties of manageme nt of donated author's property right, etc.  IP/N/1/KOR/C/3 
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(2) A person who intends to be designated as ma nagement organization purs uant to paragraph (1) 
shall submit an application for designation stipulated by Ordinance of the Ministry of Culture, Sports and Tourism by affixing the papers in the following subparagraphs to the Minister of Culture, Sports 
and Tourism: <Amended by Presidentia l Decree No. 20676, Feb. 29, 2008> 
 
1. Plan of management of donated author's property right, etc.; 2. Paper stating the procedures of exploitation perm ission for donated author's property right, etc. and 
the plan of activation.  
(3) When the Minister of Culture, Sports and Tour ism who has received an application pursuant to 
paragraph (2) designates a management organization, he/she shall issue a certificate of designation of 
management organization as prescribed by Ordinance of  the Ministry of Culture, Sports and Tourism. 
<Amended by Presidential Decree No. 20676, Fe b. 29, 2008; Presidential Decree No. 21634, 
Jul. 22, 2009> 
 
(4) When a management organization falls under any of the following subparagraphs, the Minister of 
Culture, Sports and Tourism may revoke the designation: <Amended by Presidential Decree 
No. 20676, Feb. 29, 2008>  1. Where it fails to meet the qualifications in paragraph (1); 
2. Where it has violated Article 135 (3) of the Act. 
 (5) Where the Minister of Culture, Sports and Tour ism has designated a management organization or 
revoked the designation, he/she shall announce the fact in the Official Gazette. <Amended by 
Presidential Decree No. 20676, Feb. 29, 2008> 
 
(6) Other matters necessary for the duties of manageme nt of donated author's property right, etc. shall 
be stipulated and announced by the Minister of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>  Article 77 (Standards for Imposition of Fine for Negligence) 
 
The standards for imposition of a fine for negligen ce pursuant to Article 142 (1) and (2) of the Act 
shall be as attached Tables 1 and 2. [This Article Wholly Amended by Preside ntial Decree No. 21634, Jul. 22, 2009] 
 
ADDENDA 
 Article 1 (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provi ded, That the amended 
provisions of subparagraph 1 (b) of Article 9 shall enter into force on July 1, 2008, and the amended 
provisions of Article 11 on January 1, 2008. 
 
Article 2 (Applicable Example concerning Ex planation, etc. of Claimant to Right) 
The amended provisions of the proviso in the part other than the sub-paragraphs of Article 40 shall 
begin to apply to the one for which a data capable of  explaining that his/her being the lawful holder of 
right is submitted for the first time after the enforcement of this Decree. 
 
ADDENDA <Presidential Decree No. 20676, Feb. 29, 2008> Article 1 (Enforcement Date) This Decree shall enter into for ce on the date of its promulgation. 
 IP/N/1/KOR/C/3 
 Page 77 
 
 
  Articles 2 through 5 Omitted. 
 ADDENDA <Presidential Decree No. 21148, Dec. 3, 2008> Article 1 (Enforcement Date) This Decree shall enter into force on December 6, 2008. 
 
Articles 2 and 3 Omitted.  ADDENDA <Presidential Decree No. 21634, Jul. 22, 2009> Article 1 (Enforcement Date) 
This Decree shall enter into force on July 23, 2009: Provided, That the amended provisions of 
Article 14 (2) shall enter into force on September 26, 2009.  Article 2 (Repeal of other Acts and Subordinate Statutes) The Enforcement Decree of the Computer Pr ograms Protection Act shall be repealed.  
 
Article 3 Omitted.  Article 4 (Relation with other Acts and Subordinate Statutes) 
Where the former Enforcement Decree of the Computer Programs Protection Act and the provisions thereof are cited by other Acts and subordinate statut es at the time when this Decree enters into force, 
this Decree or the corresponding provisions of this  Decree shall be deemed to have been cited. 
 ADDENDA <Presidential Decree No. 21676, Aug. 6, 2009>  Article 1 (Enforcement Date) 
This Decree shall enter into force on August 7, 2009. (Proviso Omitted.) 
 Articles 2 through 5 Omitted.   
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