COMPUTER PROGRAMS PROTECTION ACT

Article 1(Purpose) #

The purpose of this Act is to contribute to the sound development of the national economy by protecting the author's rights to computer pro gram works and other rights to the computer program works, encouraging fair use of computer program works and promoting relevant industries and technologies. <Amended by Act No. 6843, Dec. 30, 2002>

Article 2(Definitions) #

For the purpose of this Act, the definitions of terms shall be as follows: <Amended by Act No.6357, Jan. 16, 2001; Act No. 6843, Dec. 30, 2002; Act No. 8032, Oct. 4, 2006>

1. The term "computer program works" means creative works expressed as a series of instructions and commands used directly or indirectly in an apparatus having data processing capacity such as a computer, etc. (hereinafter referred to as a "computer") for the purpose of ob taining a certain result;

2. The term "program author" means a person who has created a com puter program work (hereinafter referred to as a "program");

3. The term "reproduction" means any act of reproducing a program by fixing it in a tangible medium without addition of any new creativity;

4. The term "adaptation" means any act of creating a new program using the whole or significant part of a series of instructions and commands from another original program;

5. The term "disclosure" means any act of publishing a program or presenting it to the public;

5-2. The term "distribution" means any act of transferring or leasing the original program or its reproductions to the public with or without receiving the prices;

6. The term "publication" means any act of reproducing or distributing a program in order to meet the demand of the public;

7. The term "transmission" means any act of transmitting a program or providing it for use through information communication means for the reception or use by the public;

8. The term "rights management information" means any information falling under one of the following items or the numerals or marks indicating said information, which are to be attached to the original program or its reproductions or to accompany with their execution or transmission:

(a) Information on the program works;

(b) Information for identifying the author or right holder of a pro gram work; and

(c) Information on the methods or conditions for using the program works;

9. The term "technical protection measures" means the measures to effectively protect program copyrights through inputting identifica tion numbers or authentication numbers, encryption and key tech nologies or devices protecting rights prescribed by this Act with respect to programs;

10. The term "reverse engineering of program codes" means any act of reproducing or converting program codes in order to obtain informa tion necessary for the compatibility of independently created pro grams with other programs; and

11. The term "on-line service provider" means any person who provides the services to make other persons capable of reproducing or transmitting programs through the information and communications network (referring to the information and communications network Provided for in the provisions of Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.; hereinafter the same shall apply).

Article 3(Scope of Application) #

(1) The provisions of this Act shall not be applied to the matters fall ing under any of the following subparagraphs, which are used in prepa ration of a program:

1. Programming languages: characters, signs and a system thereof as a means to express a program;

2. Rules: a specific convention on the usage of programming language in a specific program; and

3. Algorithms: a method of combining instructions and commands in a program.

(2) An adapted program shall be protected as a separate program.

Article 4(Presumption of Program Author) #

(1) Any person whose name (hereinafter referred to as a "real name") or well-known pen name, its abbreviation, etc. (hereinafter referred to as an "alias") is indicated as a program author in a general manner on the original program or its reproduction, or in disclosing the program, shall be presumed to be the program author.

(2) In the case of a program without an indication of the program au thor under the provisions of paragraph (1), the person who discloses or publishes it shall be presumed to own the program copyright.

Article 5(Author of Program Created in Course of Business) #

In the case of a program created in the course of business by a person who is employed by a corporation under the planning of the state, cor poration, organization or other employer (hereinafter referred to as the "corporation, etc."), the corporation, etc., shall be the author of such program unless otherwise specified in the agreement or in the employ ment regulations, etc.

Article 6(Program of Foreigners) #

(1) The program copyright of foreigners (including corporations, here inafter the same shall apply) shall be protected by the treaties which the Republic of Korea has joined or executed.

(2) The programs created by a foreign corporation having a principal of fice in the Republic of Korea, and the program first published by a for eigner in the Republic of Korea (including the programs published in the Republic of Korea within thirty days after the date on which the pro grams are published in a foreign country), shall be protected under this Act.

(3) Even in case a foreigner's program falls under the provisions of paragraphs (1) and (2), if the foreign country concerned does not pro tect the programs of nationals of the Republic of Korea, the protection accorded by treaty or under this Act may be correspondingly restricted.

Article 7(Program Copyright) #

(1) The program author shall have the rights as provided in Articles 8 through 10 and the rights to reproduce, adapt, translate, distribute, pub lish and transmit the program.

(2) The program copyright shall take effect from the time on which the program is created, and no procedure or formality needs to be fulfilled.

(3) The program copyright shall last for fifty years from the year fol lowing the year in which the program is published: Provided, That if it is not published within fifty years after it is created, it shall last for fifty years from the year following the year in which it is created.

Article 8(Rights to Disclose) #

(1) The program author shall have a right to decide whether he dis closes the program or not.

(2) If a program author transfers or rents a program which has not been disclosed, or he has permitted to use it under Article 17, he shall be considered to have consented to the other party's disclosure of the pro gram, unless there is any special agreement to the contrary.

(3) In case where a program has not been disclosed but an adapted pro gram created with the consent of the original program author has been disclosed, only that part of the original program which is used for the adaptation shall be considered to have been disclosed.

Article 9(Rights to Indicate Name) #

(1) The program author shall have a right to indicate his real name or alias on the program or its reproduction, or in disclosing the program.

(2) Any person who uses a program shall indicate the real name or alias of the program author as indicated by the program author unless the program author expresses a special intention to the contrary.

Article 10(Rights for Maintenance of Identity) #

Except as provided in any of the following subparagraphs, the program author shall have a right to maintain the identity of the title, contents and form of his program:

1. Modification of a program unusable in any computer other than a specific one to the extent necessary to make it usable in other com puters;

2. Modification of a program to the extent necessary to make it usable in a more effective way in a specific computer; and

3. Modification to the extent deemed inevitable in the light of the na ture of a program or the purpose of use thereof.

Article 11(Joint Creation Program) #

(1) The copyright of a program which is created jointly by two or more persons, and in which the parts contributed by each person may not be separately used (hereinafter referred to as "joint creation program"), shall be owned jointly by those who create it jointly, and their portions of co-ownership shall be considered to be equal unless there is any spe cial agreement among them.

(2) The copyright of the joint creation program shall not be exercised without an agreement of all the copyright co-owners, and each co-owner shall not transfer his portion or make it an object of pledge rights with out consent of the other co-owners. In this case, each co-owner shall not unreasonably withhold or refuse his consent, in violation of good faith.

(3) If one of the copyright co-owners in the joint creation program dies without leaving an heir, or gives up his portion, the portion shall be dis tributed to the other co-owners in proportion to their pro rata portion.

Article 12(Restriction on Program Copyright) #

In the cases of any of the following subparagraphs, the disclosed program may be reproduced or distributed within the scope necessary for their purpose: Provided, That the same shall not apply to the case where the interests of copyright owners are unjustly impaired in view of the type and usage of programs, the relative importance occupied by the repro duced portions in the programs, and the number of reproductions, etc.: <Amended by Act No. 6357, Jan. 16, 2001; Act No. 6843, Dec. 30, 2002; Act No. 8032, Oct. 4, 2006>

1. Where it is reproduced for a trial or criminal investigations;

2. Where any educator of the schools under the Elementary and Secondary Education Act and the Higher Education Act and the educational institutions established under the provisions of other Acts (limited to the educational institutions where academic careers are accredited for the admission of higher-level schools or which confer academic degrees) reproduces or distributes it for the purpose of offering it to the course of study in a class;

3. Where it is reproduced in order to insert in the textbooks for educational purposes at the schools under the Elementary and Secondary Education Act and the schools corresponding thereto;

4. Where it is reproduced for individual purposes (excluding the case of profit-making purpose) in a limited place such as a household;

5. Where it is reproduced or distributed for entrance examinations of the schools under the Elementary and Secondary Education Act and the Higher Education Act and the schools equivalent thereto, or other test or inspection regarding knowledge and skills (excluding the cases of profit-making purpose); and

6. Where the functions of programs are reproduced for the purpose of survey, research and test to confirm the ideas and principles that constitute the basis for programs (limited to a case where a person who uses programs according to his justifiable title is making use of the relevant programs).

Article 12-2(Reverse Engineering of Program Codes) #

(1) Any person who uses programs with his justifiable title or any other person who uses programs with the former's consent may, if he is unable to easily obtain information necessary for the compatability and he needs to obtain such information, do the reverse engineering of program codes without the consent of any program copyright owner only for the part necessary for such compatibility of the relevant program.

(2) In any of the following cases, any information obtained as a result of the reverse engineering of program codes under paragraph (1) shall not be used:

1. Where the information is used for other purpose than the purpose of compatability or provided to any third person; and

2. Where the information is utilized for performing the act of developing, producing and selling a program that is practically similar in expres sion to a program subject to the reverse engineering of program codes or infringing on other program copyrights.

[This Article Newly Inserted by Act No. 6357, Jan. 16, 2001]

Article 13(Payment of Compensation, etc. Due to Insertion in Textbooks) #

(1) A person who intends to insert a program in textbooks under subparagraph 3 of Article 12 shall pay or deposit compensation as determined by the Minister of Information and Communication via the deliberation of the Computer Program Protection Committee as prescribed in Article 35 to a program copyright owner within thirty days from the day when the amount of the compensation is determined.<Amended by Act No. 8032, Oct. 4, 2006>

(2) Matters necessary for the determination, etc. of compensation as prescribed in paragraph (1) shall be prescribed by the Presidential Decree.

Article 14(Reproduction by Program User) #

(1) Any person who possesses and uses a reproduction of the program under a proper title may duplicate the reproduction within the scope necessary to prepare for the destruction, damage, alteration, etc. of the reproduction.

(2) If a person who possesses and uses a reproduction of a program loses the rights to possess and use it, he shall destroy the reproduction dupli cated under the provisions of paragraph (1), unless the program copy right owner manifests other intentions: Provided, That if the rights to possess and use the reproduction of a program are lost owing to the destruction of it, this provision shall not be applied to such a case.

Article 15(Transfer of Program Copyright) #

(1) The program copyright may be transferred in whole or in part.

(2) Where the whole of program copyright has been transferred, it shall be presumed unless there exists a special contract that the right to adapt the relevant program has been concurrently transferred. <Newly In- serted by Act No. 6843, Dec. 30, 2002>

Article 16(Exclusive Program Publication Right, etc.) #

(1) A program copyright owner may establish an exclusive right for any person to distribute or transmit the reproduced program works on an exclusive basis (hereinafter referred to as the "exclusive program publi cation right"). <Amended by Act No. 6843, Dec. 30, 2002>

(2) A person who obtains the exclusive program publication right, etc. in accordance with paragraph (1) (hereinafter referred to as the "ex clusive program publication right owner, etc.") shall have the right to exercise the exclusive program publication right, etc. within the scope attributable to the act of establishing such right. <Amended by Act No. 6843, Dec. 30, 2002>

(3) In case where a pledge is encumbered upon the right to copy the pro gram, a program copyright owner may establish the exclusive program publication right, etc. only with the consent of the pledgee. <Amended by Act No. 6843, Dec. 30, 2002>

(4) The exclusive program publication right owner, etc. may not pledge the exclusive program publication right, etc. or transfer the exclusive program publication right, etc. to a third party without the consent of the program copyright owner. <Amended by Act No. 6843, Dec. 30, 2002>

(5) The exclusive program publication right, etc. shall be effective for a period of three years unless there is a special agreement in the act of establishing such right. <Amended by Act No. 6843, Dec. 30, 2002>

Article 17(Permission for Use of Program) #

(1) The program copyright owner may permit other persons to use his program.

(2) Any person who is permitted to use the program under the provi sions of paragraph (1) may use it within the scope of the permitted methods of use and conditions, and may not transfer the rights to use to a third person without consent of the program copyright owner.

Article 18(Use of Program where Program Copyright Owner is Unknown) #

(1) Where a person who desires to use a program is unable to receive permission for use from the program copyright owner because he does not know the program copyright owner or the copyright owner's residence, despite his reasonable efforts, he may use it by obtaining approval of the Minister of Information and Communication in such manners prescribed by the Presidential Decree and thereafter depositing for the program copyright owner the compensation notified publicly by the Minister of Information and Communication via the deliberation of the Computer Program Protection Committee as prescribed in Article 35 within thirty days after the date of the approval of the Minister of Information and Communication.<Amended by Act No. 8032, Oct. 4, 2006>

(2) The fact that the Minister of Information and Communication has approved and the date of such approval shall be indicated on the re production of the program used under paragraph (1).

Article 19(Offer of Program to Transaction) #

(1) Where any original program or its reproduction is offered for sale, under the permission of the program copyright owner or the exclusive program publication right owner, etc., it may be distributed continuously. <Amended by Act No. 6843, Dec. 30, 2002>

(2) Notwithstanding the provisions of paragraph (1), if any person rents any program for sale for a profit-making purpose, he shall get a per mission from the program copyright owner or the exclusive program publication right owner, etc. <Amended by Act No. 6843, Dec. 30, 2002>

Article 20(Designation, etc. of Program Copyright Trust Managing Agency) #

(1) In order to promote the use of programs and foster the programs related industry, the Minister of Information and Communication may designate an organization for the trust management of the program copy right (hereinafter referred to as a "trust managing agency"), and have it conduct the business of trust management of the program copyright in conformity with such requirements and formalities as prescribed by the Presidential Decree.

(2) Any person who wants to conduct the business of acting as an agent or a broker for program copyright shall make a report to the Minister of Information and Communication as prescribed by the Presidential Decree.

(3) The matters concerning the operation, commission, etc. of the trust managing agency shall be prescribed by the Presidential Decree.

Article 20-2(Deposit of Program) #

(1) A program copyright owner and a person obtaining a permit for pro gram use may deposit the original code of program and its technological information, etc. with the person as prescribed by the Presidential Decree (hereafter in this Article, referred to as the "depositary"), by mutually agreeing with the depositary.

(2) Any person who has obtained a permit for program use may request the depositary to furnish the original code of program and its technological information, etc., when the causes set forth by the agreement under paragraph (1) have occurred.

[This Article Newly Inserted by Act No. 6843, Dec. 30, 2002]

Article 21(Exercise, etc. of Program Copyright which is Object of Pledge Rights) #

(1) The program copyright which is the object of the pledge rights, shall be exercised by the program copyright owner unless there is any special agreement in the act establishing such pledge rights.

(2) The pledge rights of which the object is the program copyright, may also be exercised on money or other things to be received by the program copyright owner in case of a transfer of the program copyright, a transfer or a rent of the program, and the permission for use under the provi sions of Article 17: Provided, That the money or things to be received shall be attached before a payment or delivery of things.

Article 22(Extinction of Program Copyright) #

The program copyright shall be extinguished in the cases falling under any of the following subparagraphs:<Amended by Act No. 8032, Oct. 4, 2006>

1. Where the program copyright owner has died without leaving an heir, and his rights are reverted to the State under the provisions of the Civil Act and other Acts; and

2. Where a corporation or an organization which is the program copyright owner is dissolved, and its rights are reverted to the State under the provisions of the Civil Act and other Acts.

Article 23(Registration of Programs) #

(1) Every program author may have the matters falling under each of the following subparagraphs registered with the Minister of Information and Communication:<Amended by Act No. 8032, Oct. 4, 2006>

1. The title of the program;

2. The nationality, the real name, and address (where he has no address, his residence) of the program author;

3. The date on which the program is created;

4. The outline of the program.

5. The date on which the program is disclosed (where the program author is a foreigner, the date on which the program is distributed in the Republic of Korea); and

6. Other matters that are prescribed by the Presidential Decree in connection with the protection and the fair use of program copyrights.

(2) If a program author dies, the person designated by his will or his heir may make the registration as provided in paragraph (1), unless the program author has manifested any other special intention.

(3) through (6) Deleted.<by Act No. 8032, Oct. 4, 2006>

Article 24(Submission of Program Reproductions) #

(1) Any person who makes a registration under the provisions of Article 23 (1) and (2) shall submit a program reproduction to the Minister of Information and Communication at the time of registration.

(2) When the program reproduction is submitted pursuant to the provisions of paragraph (1), the registered program author shall be presumed to be its program author and the program shall be presumed to be created on the date on which it is registered: Provided, That where it is registered after the lapse of one year from the date on which the program is created, the program shall not be presumed to be created on the date on which the program is created.<Amended by Act No. 8032, Oct. 4, 2006>

(3) The matters necessary for the submission of program reproductions shall be prescribed by the Presidential Decree.<Amended by Act No. 8032, Oct. 4, 2006>

Article 25(Duty to Keep Secret) #

Any public official who is engaged in the management of the reproduc tion of programs presented under the provisions of Article 24, or any person who was in such position, shall not divulge to other persons se crets which he has acquired in the course of his duties.

Article 26(Registration, etc. of Transfer of Program Copyright) #

(1) If a person fails to register the matters falling under the following subparagraphs, he may not claim a priority against a third party: <Amended by Act No. 6843, Dec. 30, 2002; Act No.8032, Oct. 4, 2006>

1. Establishment of exclusive program publication right, etc.;

2. Transfer (excluding the cases of inheritance and other general succession) of program copyright or exclusive program publication right, etc. or restriction on disposal thereof; and

3. Establishment, modification, extinction, or restriction on disposal, of the pledge right of which the object is the program copyright or the exclusive program publication right, etc.

(2) Deleted.<by Act No. 8032, Oct. 4, 2006>

Article 26-2(Registration Procedures, etc.) #

(1) The registration provided for in the provisions of Articles 23 and 26 shall be made by having such registration entered in the program registry by the Minister of Information and Communication.

(2) With respect to programs that are entered in the program registry pursuant to the provisions of paragraph (1), the Minister of Information and Communication shall publish the fact of their registrations in the public bulletin of programs and where anyone files an application for perusing the program registry, the Minister of Information and Communication shall permit him to peruse the program registry and deliver a copy thereof to him.

(3) Anyone who intends to file an application for having his program registered pursuant to the provisions of paragraph (1) and for perusing the program registry and delivering a copy of the program registry pursuant to the provisions of paragraph (2) shall pay service fees under the conditions as prescribed by the Ordinance of the Ministry of Information and Communication.

(4) Necessary matters concerning the registrations of programs in the program registry referred to in the provisions of paragraph (1), the publication of the registrations in the public bulletin of programs and the applications filed for the perusal of the program registry or the delivery of its copy, etc. referred to in the provisions of paragraph (2) shall be prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 8032, Oct. 4, 2006]

Article 27(Commission of Work) #

The Minister of Information and Communication may commission the work concerning the registration (including the work of receiving program reproduction provided for in the provisions of Article 24) provided for in the provisions of Article 26-2 to the Computer Program Protection Committee provided for in the provisions of Article 35 under the conditions as prescribed by the Presidential Decree.

[This Article Wholly Amended by Act No. 8032, Oct. 4, 2006]

Article 28(Program Registration by Computer Information Processing Organization) #

(1) Program registration affairs may be handled in whole or in part by a computer information processing organization.

(2) The program registry provided for in the provisions of Article 26-2 (1) and the program public bulletin provided for in the provisions of Article 26-2 (2) may be published in an electronic medium under the conditions as prescribed by the Ordinance of the Ministry of Information and Communication.<Amended by Act No. 8032, Oct. 4, 2006>

(3) Where a program public bulletin is published in an electronic medium, the Minister of Information and Communication shall widely publicize the contents using information and communication network.

(4) The procedures of program registration affairs under the provisions of paragraph (1) shall be prescribed by the Ordinance of the Ministry of Information and Communication.

Article 29(Act of Infringement, etc. of Program Copyright) #

(1) No person shall infringe the program copyright of another person without proper title by means of reproduction, adaptation, translation, distribution, publication and transmission or infringe the exclusive pro gram publication right, etc. of another person by means of reproduction, distribution and transmission. <Amended by Act No. 6843, Dec. 30, 2002>

(2) The modification or concealment of the real name or alias of the pro gram author or the modification of the name or title of the program shall not be made without proper title.

(3) Any acts falling under each of the following subparagraphs shall not be done fraudulently: <Amended by Act No. 6843, Dec. 30, 2002>

1. An act of making a registration of program under the provisions of Article 23;

2. Act act of submitting the reproduction under the provisions of Article 24; and

3. Act act of making a registration of transfer of the program copyright under the provisions of Article 26.

(4) Any act falling under the following subparagraphs shall be deemed as the infringement of the applicable program copyright:<Amended by Act No. 6843, Dec. 30, 2002>

1. An act of importing a program, which infringes a program copyright, for the purpose of distribution in Korea;

2. An act of using for business purpose a reproduction of a program made in infringement of a program copyright (including the imported program under subparagraph 1) by a person who acquires such reproduction with the knowledge of such circumstances; and

3. An act of removing or modifying intentionally the rights management information without proper title or distributing the original program or its reproduction with the knowledge of such fact or importing or transmitting the original program or its reproduction for the purpose of distribution with the knowledge of such fact.

Article 30(Restriction on Disarmament of Technical Protection Measure, etc.) #

(1) No person shall disarm technical protection measures without proper title by means of avoidance, removal, damage, etc. (hereinafter referred to as "technical protection measure disarmament"): Provided, That this shall not apply to the following cases: <Amended by Act No. 6357, Jan. 16, 2001>

1. Where the identity of a program is modified in accordance with the provisions of Article 10;

2. Where a program is reproduced and used under each subparagraph of Article 12;

3. Where a reproduction is made by a program user within the neces sary scope in accordance with the provisions of Article 14;

4. Where it is necessary for a person using a program with proper title to do so to maintain the compatibility with other program;

5. Where a revision or update of the program is requested by the end user with proper title; and

6. Where a person who uses programs with a justifiable title needs to analyze the encryption in connection with such programs for the pur pose of research and education, etc.

(2) No person shall manufacture, import, transfer or lease to the public, or distribute apparatuses, devices and parts, etc. which neutralize the technical protection measures. No person shall also transmit and dis tribute programs which neutralize the technical protection measures and offer any technology that neutralizes the technical protection measures. <Amended by Act No. 6357, Jan. 16, 2001>

Article 31(Request for Discontinuance, etc. of Infringement) #

(1) The program copyright owner or the exclusive program publication right owner, etc. may request a person who infringes his rights or may infringe his rights to discontinue or prevent the infringement. <Amended by Act No. 6843, Dec. 30, 2002>

(2) In case where the program copyright owner or the exclusive program publication right owner, etc. makes a request under the provisions of paragraph (1), he may request to discard the articles made pursuant to an infringement and the instruments, etc. which are used for the act of infringement, or to take other measures necessary to prevent the in fringement. <Amended by Act No. 6843, Dec. 30, 2002>

Article 32(Claim for Damages) #

(1) The program copyright owner or the exclusive program publication right owner, etc. may make a claim for damages against the person who has infringed his rights on purpose or by negligence. <Amended by Act No. 6843, Dec. 30, 2002>

(2) Any person who has infringed a registered program copyright or an exclusive program publication right, etc. of another person shall be pre sumed to be negligent in his act of infringement. <Amended by Act No. 6843, Dec. 30, 2002>

(3) The amount of profits which a person who infringed a program copy right or an exclusive program publication right, etc. has received by his act of infringement shall be presumed to be the amount of damage which the program copyright owner has sustained. <Amended by Act No. 6843, Dec. 30, 2002>

(4) The program copyright owner or the exclusive program publication right owner, etc. may claim as compensation the amount corresponding to the amount of damage provided in paragraph (3) or to the amount gain able ordinarily through the exercise of his right. <Amended by Act No. 6843, Dec. 30, 2002>

(5) If the occurrence of damage is recognized but it is difficult to assess the amount of damage as prescribed in paragraphs (3) and (4), the court may admit a reasonable amount of damage in consideration of the pur pose of pleading and the results of examination of evidence.

Article 33(Request for Discontinuance of Infringement on Joint Creation Program & Claim for Compensation) #

Each co-author or each co-copyright owner of a joint creation program may make a request as referred to in Article 31 without the consent of the other co-authors or co-copyright owners, and may claim compensation for the damage pursuant to Article 32 for the infringement of his pro gram copyright with respect to his relative portion.

Article 34(Measure, etc. of Removing Unjust Reproduction, etc.) #

(1) The Minister of Information and Communication may have the public official concerned remove, delete and discard a program, information or equipment, etc. that falls under any of the following subparagraphs: <Amended by Act No. 6843, Dec. 30, 2002; Act No. 8032, Oct. 4, 2006>

1. A program reproduced by a person without any proper title for the profit-making purposes such as distribution or offer for use, etc.;

2. Deleted;<by Act No. 8032, Oct. 4, 2006>

3. A program used for business by a person who acquired it knowing that it is made by means that infringe on the program copyright;

4. Deleted;<by Act No. 8032, Oct. 4, 2006>

5. Equipment, devices, parts, programs, etc. made to disarm technical protection measures.

(2) When the relevant programs, equipment, etc. are removed by the relevant public officials pursuant to the provisions of paragraph (1), the removal certificate shall be issued to the owner or the possessor thereof.

(3) The Minister of Information and Communication may request the Computer Program Protection Committee provided for in the provisions of Article 35 or the organizations, such as the association, etc. relating to a protection of the program copyright to provide assistance when the technological advice and the assistances corresponding thereto are necessary for the removal, etc. by the relevant public officials pursuant to the provisions of paragraph (1). <Amended by Act No. 6843, Dec. 30, 2002; Act No. 8032, Oct. 4, 2006>

(4) Relevant public officials who engage in the removal, etc., in accor dance with the provisions of paragraphs (1) and (2) shall retain and show to the relevant persons the certificate of their authority. <Amended by Act No. 6843, Dec. 30, 2002>

(5) Deleted. <by Act No. 8032, Oct. 4, 2006>

Article 34-2(Order Given to Correct Illegal Reproductions, etc. by Means of Information and Communications Network) #

(1) Where the program or the information falling under each of the following subparagraphs is transmitted through the information and communi cations network, the Minister of Information and Communication may order the relevant on-line service provider to reject, suspend or limit,etc. (hereinafter referred to as the "rejection, etc.") his service of such program or such information under the conditions as prescribed by the Presidential Decree after going through the deliberation thereof of the Computer Program Protection Committee provided for in the provisions of Article 35: Provided, That where the Computer Program Protection Committee issues a correctional order pursuant to the provisions of Article 34-3 (3), the deliberation of the Computer Program Protection Committee may be omitted:

1. The program that is transmitted by any person who does not hold the justifiable authority;

2. The information that infringes on the program copyright; and

3. The program and the information that neutralize technical protection measures.

(2) The Minister of Information and Communication shall give the on-line service provider subject to the order referred to in the provisions of paragraph (1) an opportunity to state his opinion in advance.

(3) The provisions of Articles 22 (4) through (6) and 27 of the Administrative Procedures Act shall apply mutatis mutandis to stating the opinion under paragraph (2).

[This Article Newly Inserted by Act No. 8032, Oct. 4, 2006]

Article 34-3(Recommendation of Correction, etc.) #

(1) Where the program or the information provided for in the provisions of each subparagraph of Article 34-2 (1) is transmitted through the information and communications network, the Computer Program Protection Committee provided for in the provisions of Article 35 may recommend the relevant on-line service provider to make the recommendation falling under any of the following subparagraphs after going through the deliberation of the case:

1. The warning issued to the person who transmits them;

2. The deletion of the relevant program or information; and

3. The suspension or cancellation of the use for the person who transmits them.

(2) Where the on-line service provider receives the recommendation referred to in the provisions of paragraph (1), he shall notify the Computer Program Protection Committee provided for in the provisions of Article 35 of the result of measures that have been taken within three days from the date on which he receives the recommendation.

(3) Where the on-line service provider fails to follow the recommendation referred to in the provisions of paragraph (1), the Computer Program Protection Committee provided for in the provisions of Article 35 may ask the Minister of Information and Communication to issue the corrective order to the relevant on-line service provider pursuant to the provisions of Article 34-2.

[This Article Newly Inserted by Act No. 8032, Oct. 4, 2006]

Article 34-4(Liabilities, etc. of Provider of On-Line Services) #

(1) Where the rights are infringed by the reproduction or transmission of programs through the information and communications network without proper title, the program copyright owner or the exclusive program publication right owner, etc. may request the provider of on-line services to suspend the reproduction and transmission of relevant programs, by vindicating that he is the holder of said rights.

(2) Where there exists a request under paragraph (1), the provider of on-line services shall promptly suspend the reproduction and transmission, and notify the person who reproduces or transmits the relevant programs of such facts.

(3) Any person who has received a notice under paragraph (2) may request a resumption of said reproduction or transmission, by vindicating that his reproduction or transmission are based on the proper title. In this case, the provider of on-line services shall promptly notify the program copyright owner or the exclusive program publication right owner, etc. of the fact of a request for resumption and the scheduled date of resumption, and have the reproduction or transmission resumed on the said scheduled date.

(4) Any provider of on-line services shall designate the person who is to receive a request for the suspension of reproduction or transmission under paragraphs (1) and (3) and for its resumption (hereafter referred to as the "recipient" in this Article), and make a public notification of him so as to have the users of his services easily learn thereof.

(5) Where any provider of on-line services has made a public notification under paragraph (4) and made a reproduction or transmission of programs suspended or resumed under paragraphs (2) and (3), his respon- sibilities for any infringement on the rights of a program copyright owner or an exclusive program publication right owner, etc. due to a reproduction or transmission of programs by other persons, and for any losses incurred to the person who reproduces or transmits programs, may be reduced or exempted.

(6) Any person who has requested, without proper title, the suspension or resumption of a reproduction or transmission of programs under paragraphs (2) and (3) shall make the compensation for any losses incurred thereby.

(7) Matters necessary for the vindication, suspension, notification, resumption of a reproduction or transmission, designation and public notification of a recipient, etc. under paragraphs (1) through (4) shall be prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 6843, Dec. 30, 2002]

Article 34-5(Reduction or Exemption of Responsibilities of Providers of On-Line Services) #

(1) Where any provider of on-line services has become aware of an infringement on the rights of a program copyright owner or an exclusive program publication right owner, etc. due to a reproduction or transmission of programs by other persons, and has prevented or suspended it, his responsibilities may be reduced or exempted.

(2) Where any provider of on-line services intended to take measures under paragraph (1), but it has been technologically impossible, the responsibilities of the provider of on-line services for any infringement on the rights of a program copyright owner or an exclusive program publication right owner, etc. shall be exempted.

[This Article Newly Inserted by Act No. 6843, Dec. 30, 2002]

Article 35(Computer Program Protection Committee) #

(1) The Computer Program Protection Committee (hereinafter referred to as the "Committee") mandated to arrange and mediate disputes over the rights that are protected pursuant to this Act (hereinafter referred to as the "disputes"), to deliberate on matters concerning program copyrights and other matters related to programs, and to perform the work needed to ensure the protection of programs and their fair use shall be set up. <Amended by Act No. 8032, Oct. 4, 2006>

(2) The Committee shall be composed of ten to twenty members for deliberation and mediation (hereinafter referred to as "members"), including one chairman.

(3) The members shall be commissioned from among persons falling under one of the following subparagraphs by the Minister of Information and Communication and the chairman shall be nominated by the said Min ister from among the members: <Amended by Act No. 6843, Dec. 30, 2002; Act No. 7796, Dec. 29, 2005>>

1. A person who serves or has served as a public official of Grade III or higher or a public official in general service belonging to the Senior Civil Service;

2. A person who serves or has served as an associate professor or higher in a college or officially-recognized research institute or at a post equivalent thereto, and who has majored in the program copyright and other field relating to the programs;

3. A person who serves as a judge or public prosecutor;

4. A person who has the qualification for a lawyer or a patent attorney;

5. A person who serves or has served as an officer of the organization relating to the program copyright and other programs; and

6. Other persons who have the knowledge and experience in the programs or matters relating to the programs.

(4) The term of office of members shall be two years: Provided, That the term of office of a member who is commissioned for a designated position shall be the period in which he serves in such a designated position.

(5) When there is a vacancy in members, a supplementary member shall be commissioned under the provisions of paragraph (3), and the term of office of such supplementary member shall be the remaining period of his predecessor's term.

(6) Subcommittees may be established by field in order to efficiently perform the functions of the Committee.<Newly Inserted by Act No. 6843, Dec. 30, 2002>

(7) A secretariat shall be established in the Committee in order to deal with its affairs, and a research office shall be established in order to per form survey and research. <Newly Inserted by Act No. 6843, Dec. 30, 2002>

Article 36(Work) #

The Committee shall perform the work falling under each of the following subparagraphs:

1. The arrangement and mediation of disputes;

2. The deliberation of matters that are put on its agenda by the Minister of Information and Communication in connection with the protection and fair use of program copyrights;

3. The deliberation of matters concerning the appraisal of programs and program-related electronic information, etc.;

4. The operation of the reporting center that deals with illegal program reproductions, the recommendations of the correction given to on-line service providers provided for in the provisions of Article 34-3 and corrective orders requested to the Minister of Information and Communication;

5. The support for formulating and implementing policies focused on taking technical protective measures and developing technology used to manage information pertaining to rights;

6. The education and public relations aimed at protecting program copyrights and their fair use;

7. The survey and study of the legal system and international cooperation that are all concerned with program copyrights;

8. The work that is commissioned or prescribed by other Acts and subordinate statutes as the work of the Committee; and

9. Other matters that are prescribed by the Presidential Decree in connection with the protection and fair use of program copyrights.

[This Article Wholly Amended by Act No. 8032, Oct. 4, 2006]

Article 36-2(Reconciliation) #

(1) Any person intending to refer disputes to a reconciliation may apply for a reconciliation by submitting to the Committee a written applica tion for reconciliation.

(2) When the Committee has received an application for reconciliation under paragraph (1), the chairman shall nominate a reconciliation mem ber from among the committee members, and let him deal with the reconciliation.

[This Article Newly Inserted by Act No. 6843, Dec. 30, 2002]

Article 36-3(Suspension of Reconciliation) #

(1) The reconciliation member may suspend the reconciliation where he deems that there exists no possibility to settle the disputes by a reconciliation.

(2) When there exists an application for mediation under Article 38 with respect to the disputes under reconciliation, the relevant reconciliation shall be deemed to have been suspended.

[This Article Newly Inserted by Act No. 6843, Dec. 30, 2002]

Article 36-4(Effectuation of Reconciliation) #

When a reconciliation has been effected, the reconciliation member shall prepare a written reconciliation and sign and seal thereon concurrently with the related parties.

[This Article Newly Inserted by Act No. 6843, Dec. 30, 2002]

Article 37(Mediation Department) #

In order to efficiently carry out the dispute mediation affairs of the Committee, the mediation department which is composed of three mem bers shall be established within the Committee: Provided, That one of them shall be qualified as a lawyer.

Article 38(Application for Mediation) #

(1) Any person who desires to refer any dispute to mediation may petition for a mediation of the dispute by submitting to the Committee an appli cation for mediation stating the purpose and reason for the request.

(2) The mediation of dispute as provided in paragraph (1) shall be con ducted by the mediation department as provided in Article 37.

(3) The Committee shall carry out mediation within three months after mediation is requested: Provided, That if there exists any special rea son, such period may be extended only once for a period not exceeding one month with the consent of both parties.

(4) If the period prescribed in paragraph (3) expires, the mediation shall be deemed not to be completed.

Article 38-2(Appraisal) #

(1) The Committee may conduct an appraisal of the program and elec tronic information, etc. relating thereto when deemed necessary for a mediation of disputes under Article 38, by obtaining the consent of both parties.

(2) When the Committee has received a request for appraisal of the pro gram and electronic information, etc. relating thereto from the court or criminal investigation agency for the purpose of trial or criminal investigation in addition to the cases under paragraph (1), it may con duct an appraisal.

[This Article Newly Inserted by Act No. 6843, Dec. 30, 2002]

Article 39(Demand for Attendance) #

(1) If the Committee deems it necessary for a mediation of dispute, the Committee may demand the party concerned, his representative or the interested persons to attend the Committee, or to present the necessary related documents.

(2) If the party to the mediation does not comply with the demand for attendance as provided in paragraph (1) without any justifiable reason, the mediation shall be considered not to be completed.

Article 40(Completion of Mediation) #

(1) The mediation shall be completed by recording the matters agreed between parties concerned in the record of mediation. <Amended by Act No. 6357, Jan. 16, 2001>

(2) The record of mediation referred to in paragraph (1) shall have the same effect as that of the settlement in court: Provided, That the same shall not apply to a matter that parties are unable to dispose of at will. <Newly Inserted by Act No. 6357, Jan. 16, 2001>

Article 41(Expenses for Mediation) #

(1) The expenses for mediation shall be borne by the applicant: Pro vided, That when the mediation is completed, each of parties concerned shall bear equally such expenses, unless there is any special agreement.

(2) The amount of the expenses for mediation as provided in paragraph (1) shall be determined by the Committee.

Article 42(Subsidy of Expenses) #

The State may contribute or subsidize the expenses necessary for the operation of the Committee within the scope of the budget.

Article 43(Organization, etc. of Committee) #

The organization and operation of the Committee, the procedure for reconciliation and mediation, the payment method of mediation expenses, and other necessary matters shall be prescribed by the Presidential Decree. <Amended by Act No. 6843, Dec. 30, 2002>

Article 44(Consultation with Other Relevant Government Departments) #

If the Minister of Information and Communication desires to decide and execute important matters concerning the program copyright under the provisions of this Act, he shall consult with the Minister of Culture and Tourism in advance.

Article 45(Relation with Other Acts) #

Except as otherwise provided in this Act, if there are provisions con cerning the protection of a program in the Copyright Act, such provisions shall prevail.<Amended by Act No. 8032, Oct. 4, 2006>

Article 45-2(Delegation of Authority) #

The Minister of Information and Communication may delegate a part of his authorities under this Act to the head of agency under his command or the Administrator of Communications Office.

[This Article Newly Inserted by Act No. 6843, Dec. 30, 2002]

Article 46(Penal Provisions) #

(1) Any person who falls under any of the following subparagraphs shall be sentenced to imprisonment for not more than five years or a fine not exceeding fifty million won, or both:<Amended by Act No. 8032, Oct. 4, 2006>

1. A person who has violated the provisions of Article 29 (1);

2. A person who has committed an act falling under the provisions of Article 29 (4) 1 or 2; and

3. A person who has violated the provisions of Article 30.

(2) Any person who has violated the provisions of Article 25 shall be sentenced to imprisonment for not more than two years or a fine not exceeding twenty million won.

(3) Any person who falls under any of the following subparagraphs shall be sentenced to imprisonment for not more than one year or a fine not exceeding ten million won:

1. A person who has conducted the business of trust management of the program copyright without obtaining the designation pursuant to Article 20 (1);

2. A person who has violated Article 29 (2);

3. A person who has violated Article 29 (3); and

4. A person who has committed an act falling under Article 29 (4) 3.

(4) Any person who conducts the business of acting as an agent or a broker for the program copyright without making a report pursuant to Article 20 (2) shall be sentenced to a fine not exceeding five million won.

Article 47(Habitual Offender) #

A person who has habitually fallen under Article 46 (1) shall be sentenced to imprisonment for not more than seven years or a fine not exceeding seventy million won or both.<Amended by Act No. 8032, Oct. 4, 2006>

Article 48(Criminal Complaint) #

With respect to the offenses as provided in Articles 46 (1) (from among the cases under subparagraph 3, excluding those violating the provisions of Article 30 (2)) and 46 (3) 2 and 4, the prosecution may be made only when there is a criminal complaint filed by a program copyright owner or exclusive program publication right owner, etc. <Amended by Act No. 6843, Dec. 30, 2002>

Article 49(Legal Fiction as Public Official in Application of Penal Provisions) #

In the application of Article 25 of this Act, and Articles 129 through 132 of the Criminal Act, the members and staff of the Committee shall be deemed public officials.<Amended by Act No.8032, Oct. 4, 2006>

[This Article Wholly Amended by Act No. 6357, Jan. 16, 2001]

Article 50(Joint Penal Provisions) #

If a representative of a corporation, or an agent, employee or employed person of a corporation or individual, commits an offense as provided in Article 46 in connection with the business of the corporation or indi vidual, a fine as provided in the same Article shall be imposed on the corporation or individual, in addition to punishing the offender.

Article 51(Fine for Negligence) #

(1) Any person who has failed to comply with the orders under Article 34-2 (1) shall be punished by a fine for negligence of not more than ten million won.<Amended by Act No. 8032, Oct. 4, 2006>

(2) The fine for negligence under paragraph (1) shall be imposed and col lected by the Minister of Information and Communication under the conditions as prescribed by the Presidential Decree.

(3) Any person who is dissatisfied with a disposition of fine for negligence under paragraph (2) may raise an objection to the Minister of Information and Communication within 30 days from the date of receiving a notice of such disposition.

(4) When any person subjected to a disposition of a fine for negligence under paragraph (2) raises an objection under paragraph (3), the Minister of Information and Communication shall promptly notify the competent court thereof, and the court in receipt of said notice shall bring the case to a trial for the fine for negligence pursuant to the Non-Contentious Case Litigation Procedure Act.<Amended by Act No. 8032, Oct. 4, 2006>

(5) If neither an objection is raised nor is a fine for negligence paid within the period as prescribed in paragraph (3), such fine for negligence shall be collected by referring to the practices of dispositions on default of na tional taxes.

[This Article Newly Inserted by Act No. 6843, Dec. 30, 2002]