Article 1(Purpose) #
The purpose of this Decree is to prescribe the matters delegated by the Computer Programs Protection and matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 19988, Apr. 4, 2007>
Article 2 #
Deleted.<by Presidential Decree No. 18083, Aug. 6, 2003>
Article 2-2 #
Deleted.<by Presidential Decree No. 17306, Jul. 16, 2001>
Article 2-3(Application for Determination of Compensation and Public Announcement) #
(1) A person who intends to insert any program in textbooks pursuant to the provisions of Article 13 of the Computer Programs Protection Act (hereinafter referred to as the "Act") shall present a written application for determination of compensation with documents as prescribed by the Ordinance of the Ministry of Information and Communication to the Minister of Information and Communication. <Amended by Presidential Decree No. 16942, Aug. 5, 2000; Presidential Decree No. 19988, Apr. 4, 2007>
(2) If the Minister of Information and Communication receives the written application for determination of compensation provided for in the provisions of paragraph (1), he shall publish the contents of the application in the Program Gazette provided for in the provisions of Article 26-2 (2) of the Act (hereinafter referred to as the "Program Gazette"). <Amended by Presidential Decree No. 18083, Aug. 6, 2003; Presidential Decree No. 19988, Apr. 4, 2007>
[This Article Newly Inserted by Presidential Decree No. 16050, Dec. 31, 1998]
Article 2-4(Notification and Public Announcement of Determination of Compensation) #
If the Minister of Information and Communication determines compen sation under Article 13 of the Act, he shall notify the applicant for determination of compensation and the program copyright owner of the contents of such determination, respectively: Provided, That where the program copyright owner or the copyright owner's residence is unknown, he shall publish the contents of such determination in the Program Gazette. <Amended by Presidential Decree No. 16942, Aug. 5, 2000>
[This Article Newly Inserted by Presidential Decree No. 16050, Dec. 31, 1998]
Article 2-5(Deposit of Compensation) #
A case where the compensation is deposited in lieu of the payment of compensation to the program copyright owner under Article 13 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 16942, Aug. 5, 2000>
1. Where the program copyright owner or his residence is unknown;
2. Where the program copyright owner declines to receive the compensation or he is unable to be paid the compensation due to other reasons; and
3. Where the pledge right of which the object is the program copyright is established (excluding where the program copyright owner obtains the consent of a person who holds said pledge right).
[This Article Newly Inserted by Presidential Decree No. 16050, Dec. 31, 1998]
Article 3(Scope of Program Use) #
The scope of using a program as provided in Article 18 (1) of the Act means the use by reproduction, adaptation, translation, distribution and electrical transmission of a program. <Amended by Presidential Decree No. 16942, Aug. 5, 2000; Presidential Decree No. 17306, Jul. 16, 2001>
Article 4(Application for Approval of Program Use and Public Notification) #
(1) Any person who desires to obtain approval to use a program as provided in Article 18 (1) of the Act shall submit a written application for approval of program use to which documents as prescribed by the Ordinance of the Ministry of Information and Communication are attached to the Minister of Information and Communication. <Amended by Presidential Decree No. 15019, Jun. 7, 1996; Presidential Decree No. 16050, Dec. 31, 1998; Presidential Decree No. 16942, Aug. 5, 2000>
(2) When the Minister of Information and Communication receives the application for approval of program use as provided in paragraph (1), he shall fix a period of more than 30 days and publish the contents of such application in the Public Gazette. <Amended by Presidential Decree No. 15019, Jun. 7, 1996; Presidential Decree No. 16050, Dec. 31, 1998>
(3) The program copyright owner, etc., who has an objection to the matters published under the provisions of paragraph (2) may raise his objection in writing to the Minister of Information and Communication. <Amended by Presidential Decree No. 15019, Jun. 7, 1996>
Article 5(Approval for Program Use) #
(1) The Minister of Information and Communication shall, if data which states the name of the program copyright owner or his residence is not submitted within the period of public notification as provided in Article 4 (2) and the application is deemed justifiable, establish the amount of compensation, contents and methods of program use, etc., and ap prove the use of program. In this case, he may attach conditions falling under any of the following subparagraphs: <Amended by Presidential Decree No. 15019, Jun. 7, 1996>
1. Matters concerning the name of the program copyright owner and the first published year of the program shall be indicated on a reproduction of the program; and
2. Other necessary matters to protect the rights of the program copyright owner.
(2) If the Minister of Information and Communication approves the program use as provided in paragraph (1), he shall notify the content of approval to the applicant who has applied for such approval of the program use and give a public notice of it in the Program Gazette. <Amended by Presidential Decree No. 15019, Jun. 7, 1996>
Article 6(Rejection of Approval of Program Use) #
(1) When the application for approval of program use is deemed follow ing under any of subparagraphs, the Minister of Information and Communication shall reject the application: <Amended by Presidential Decree No. 15019, Jun. 7, 1996>
1. When it is determined that the applicant who has applied for ap proval may achieve his objectives sufficiently by other means, not even by the program applied for;
2. When the applicant records a false fact in the contents of the application;
3. When the name of the program copyright owner or his residence is disclosed within the period of public notification as provided in Article 4 (2); and
4. When other grounds for application for approval of program use are extinguished.
(2) When the Minister of Information and Communication intends to veto the approval for the use under any of the subparagraphs of paragraph (1), he shall notify its applicant of the fact with clear statement of the reasons. <Amended by Presidential Decree No. 15019, Jun. 7, 1996>
Article 7 #
Deleted.<by Presidential Decree No. 16050, Dec. 31, 1998>
Article 8 #
Deleted.<by Presidential Decree No. 18083, Aug. 6, 2003>
Article 9(Requirements for Designating Trust Managing Agency) #
(1) The term "requirement prescribed by the Presidential Decree" in Article 20 (1) of the Act means those falling under any of the following subparagraphs: <Amended by Presidential Decree No. 17306, Jul. 16, 2001>
1. It shall carry out the business related to the computer programs;
2. It shall be equipped with the manpower and technological ability as determined by the Minister of Information and Communication; and
3. It shall be a nonprofit corporation, agency or organization.
(2) Any person who intends to get his agency designated as a trust man aging agency under Article 20 (1) of the Act (hereinafter referred to as the "trust managing agency") shall file with the Minister of Information and Communication an application for designation, accompanied by the regulation governing the business of trust management and other documents prescribed by the Ordinance of the Ministry of Information and Communication. <Amended by Presidential Decree No. 17306, Jul. 16, 2001>
(3) The regulation governing the business of trust management provided in paragraph (2) shall include matters falling under each of the following subparagraphs:
1. Contractual terms and conditions concerning the trust management and the use of program;
2. Matters relating to the rate of fee for program use; and
3. Matters relating to the rate of commission under Article 20 (3) of the Act.
(4) The head of the trust managing agency designated under paragraph (1) shall, where he modifies the regulation governing the business of trust management, file a report thereof with the Minister of Infor mation and Communication without delay.
(5) The Minister of Information and Communication may ask the trust managing agency to submit data on the business records of the preceding year and a business plan for the current year. <Amended by Presidential Decree No. 17306, Jul. 16, 2001>
[This Article Newly Inserted by Presidential Decree No. 16942, Aug. 5, 2000]
Article 9-2 #
Deleted.<by Presidential Decree No. 16050, Dec. 31, 1998>
Article 10(Procedures for Reporting Agency or Brokerage Business of Program Copyright) #
Any person who intends to carry out the agency or brokerage business of the program copyright under Article 20 (2) of the Act shall file with the Minister of Information and Communication a report on the agency or brokerage business, accompanied by the regulation governing the agency or brokerage business, and other documents prescribed by the Ordinance of the Ministry of Information and Communication.
[This Article Newly Inserted by Presidential Decree No. 16942, Aug. 5, 2000]
Article 10-2(Deposit Institution) #
The term "person as prescribed by the Presidential Decree" in Article 202 (1) of the Act means the person falling under any of the following subparagraphs: <Amended by Presidential Decree No. 19988, Apr. 4, 2007>
1. Trust managing agency provided for in the provisions of Article 20 (1) of the Act;
2. The Computer Program Protection Committee provided for in the provisions of Article 35 of the Act; and
3. Other corporations or organizations deemed by the Minister of Information and Communication to be capable of receiving any deposit of an original code and technical information, etc. of the program.
[This Article Newly Inserted by Presidential Decree No. 18083, Aug. 6, 2003]
Article 10-3(Matters Concerning Registration of Programs) #
The term "matters the are prescribed by the Presidential Decree in connection with the protection of the program copyrights and the fair use of the programs" in Article 23 (1) 6 of the Act means the matters falling under each of the following subparagraphs:
1. The matters concerning the share of each rightful registration claimant in case where the number of rightful registration claimants is not less than 2; and
2. The matters concerning the indication of persons who have participated in the development of programs provided for in the provisions of Article 5 of the Act.
[This Article Newly Inserted by Presidential Decree No. 19988, Apr. 4, 2007]
Article 10-4(Submission of Program Replicas) #
(1) The program replica that is submitted by anyone who intends to file an application for registering his program pursuant to the provisions of Article 24 (1) of the Act shall be one computer memory device such as the CD-ROM and the microfilm, etc. in which his program is entered.
(2) When it is intended to submit the program replica pursuant to the provisions of paragraph (1), all contents of the program shall be submitted: Provided, That in case where it is possible to verify the fact that the relevant program is newly developed with part of such program, the extracted part of the program may be submitted under the conditions as prescribed by the Ordinance of the Ministry of Information and Communication.
[This Article Newly Inserted by Presidential Decree No. 19988, Apr. 4, 2007]
Article 10-5(Management of Program Replicas) #
The Minister of Information and Communication shall keep program replicas in custody, which are submitted pursuant to the provisions of Article 24 (1) of the Act, in a manner that keeps their secrets from being leaked out under the conditions as prescribed by the Ordinance of the Ministry of Information and Communication and take necessary security measures for them.
[This Article Newly Inserted by Presidential Decree No. 19988, Apr. 4, 2007]
Article 10-6(Replication of Program Replicas) #
Every program copyright holder may ask the Minister of Information and Communication for the replica of his program replica that is submitted pursuant to the provisions of Article 24 (1) of the Act.
[This Article Newly Inserted by Presidential Decree No. 19988, Apr. 4, 2007]
Article 10-7(Principle of Application) #
The registration under Articles 23 and 26 of the Act shall be made on the application of the persons concerned except the case where the Acts and subordinate statutes prescribe otherwise.
[This Article Newly Inserted by Presidential Decree No. 19988, Apr. 4, 2007]
Article 10-8(Applicants for Registration) #
(1) The registration provided for in the provisions of Article 26 of the Act shall be made upon the application filed jointly by the rightful registration claimant and the registration obligatory person: Provided, That in case where the application for the registration is accompanied by the letter of delegation of the rightful registration claimant or the registration obligatory person, the rightful registration claimant or the registration obligatory person may separately file the application.
(2) The registration on which a judgment (including any judgment that has the same effect as that of the compromise or the final and conclusive judgment in a lawsuit) is given by the court shall be made only by an application therefor filed by the rightful registration claimant or the registration obligatory person and the registration that is caused by a general succession shall be made only by an application filed only by the rightful registration claimant.
(3) An application may be filed by the registration title holder for registering any change, any rectification or any decision of the registration title holder.
[This Article Newly Inserted by Presidential Decree No. 19988, Apr. 4, 2007]
Article 11(Application Filed for Registration) #
(1) Anyone who intends to make any registration pursuant to the provisions of Article 26-2 (1) of the Act shall file a registration application, accompanied by necessary documents, with the Minister of Information and Communication under the conditions as prescribed by the Ordinance of the Ministry of Information and Communication.
(2) In case where it is intended to file not less than 2 applications for the registration, one application for the registration may be filed only in case where the cause and objective of the registration are identical and in case where the contents of documents that have to be attached to each application are identical, the attachment of such documents may be omitted by attaching such documents to one application and entering the purport thereof in other application.
(3) The Minister of Information and Communication may, if it is deemed necessary to verify any newly developed program, ask for submitting additional documents relating to such newly developed program.
[This Article Wholly Amended by Presidential Decree No. 19988, Apr. 4, 2007]
Article 12(Program Register) #
The form of the program registry provided for in the provisions of Article 26-2 (1) of the Act (hereinafter referred to as the "program registry") shall be prescribed by the Ordinance of the Ministry of Information and Communication. <Amended by Presidential Decree No. 15019, Jun. 7, 1996; Presidential Decree No. 16942, Aug. 5, 2000; Presidential Decree No. 19988, Apr. 4, 2007>
Article 12-2(Delivery of Registration Certificates, etc.) #
(1) The Minister of Information and Communication shall, when he enters registration applications in the program registry after receiving registration applications that are filed pursuant to the provisions of Article 26-2 of the Act, deliver program registration certificates (hereinafter referred to as the "registration certificates") to persons who have filed applications for the registrations of their programs.
(2) Every program copyright holder may, when he loses his registration certificate or he can no longer use his registration certificate on the grounds of its loss or its weariness, file an application with the Minister of Information and Communication for redelivering it.
[This Article Newly Inserted by Presidential Decree No. 19988, Apr. 4, 2007]
Article 12-3(Marks of Registrations) #
Every program copyright holder may mark the fact of his registration on each of the replicas of his program that is registered pursuant to the provisions of Article 26-2 (1) of the Act.
[This Article Newly Inserted by Presidential Decree No. 19988, Apr. 4, 2007]
Article 13(Program Gazette) #
The Minister of Information and Communication shall publish the Program Gazette at least once every two months: Provided, That this shall not apply in case there is no matter to be published during the two months after the time of publishing the Program Gazette. <Amended by Presidential Decree No. 15019, Jun. 7, 1996>
[This Article Wholly Amended by Presidential Decree No. 14311, Jun. 30, 1994]
Article 14(Inspection, etc. of Program Registry) #
A person who intends to inspect the program registry or receive a written copy thereof shall submit an application to the Minister of Information and Communication as prescribed by the Ordinance of the Ministry of Information and Communication. <Amended by Presidential Decree No. 14311, Jun. 30, 1994; Presidential Decree No. 15019, Jun. 7, 1996>
Article 15(Changes, etc. in Registered Matters) #
(1) Any person who holds the right on the matters that are registered in the program registry shall, when he intends to file an application for changing, correcting and rectifying the registered matters or for restoring the canceled matters, file an application, accompanied by necessary documents, with the Minister of Information and Communication under the conditions as prescribed by the Ordinance of the Ministry of Information and Communication.
(2) The Minister of Information and Communication shall, upon receiving the application filed for changing, correcting, rectifying and cancelling the registered matters or restoring the canceled matters pursuant to the provisions of paragraph (1), enter the fact of the application in the registration certificate that is submitted and deliver such registration certificate to the applicant after entering the contents of the application in the program registry. In the case of the cancellation of the registered matters, he shall notify the applicant of the fact and in the case of the restoration of the cancelled matters, he shall deliver a new registration certificate to the applicant.
[This Article Wholly Amended by Presidential Decree No. 19988, Apr. 4, 2007]
Article 15-2(Notification of Mistake and Omission and Ex Officio Correction and Rectification Thereof) #
(1) The Minister of Information and Communication shall, when the matters that are entered in the program registry pursuant to the provisions of Article 26 of the Act are found to be entered by mistake or omitted, notify without delay relevant rightful registration claimants and relevant registration obligatory persons of the fact.
(2) In case where the mistake or the omission referred to in the provisions of paragraph (1) is caused by the negligence of any public official in charge of the registration, the Minister of Information and Communication shall promptly correct and rectify the registrations in question and notify the relevant rightful registration claimants and the relevant registration obligatory persons of the fact.
(3) In case where any third party is interested in the correction and rectification of the registered matters referred to in the provisions of paragraph (1) or (2), the Minister of Information and Communication shall also notify the third party of the details of the mistake and the omission as well as the correction and the rectification thereof.
[This Article Newly Inserted by Presidential Decree No. 19988, Apr. 4, 2007]
Article 16 #
Deleted.<by Presidential Decree No. 19988, Apr. 4, 2007>
Article 17 #
Deleted.<by Presidential Decree No. 19988, Apr. 4, 2007>
Article 18 #
Deleted.<by Presidential Decree No. 19988, Apr. 4, 2007>
Article 19 #
Deleted.<by Presidential Decree No. 19988, Apr. 4, 2007>
Article 20 #
Deleted.<by Presidential Decree No. 19988, Apr. 4, 2007>
Article 21 #
Deleted.<by Presidential Decree No. 19988, Apr. 4, 2007>
Article 22 #
Deleted.<by Presidential Decree No. 19988, Apr. 4, 2007>
Article 23(Delegation of Work) #
The Minister of Information and Communication shall delegate his work falling under each of the following subparagraphs to the Computer Program Protection Committee (hereinafter referred to as the "Committee") provided for in the provisions of Article 35 of the Act pursuant to the provisions of Article 27 of the Act: <Amended by Presidential Decree No. 17306, Jul. 16, 2001; Presidential Decree No. 19988, Apr. 4, 2007>
1. The registration of the program under Article 23 of the Act;
2. The receipt of a reproduction of the program under Article 24 of the Act; and
3. The registration, etc. of the transfer of program copyright under Article 26 of the Act.
[This Article Newly Inserted by Presidential Decree No. 16942, Aug. 5, 2000]
Article 23-2(Management of Reproductions by Computer Information Processing Systems) #
The reproductions handled by the computer information processing systems under Article 28 of the Act may be kept through the electronic media.
[This Article Newly Inserted by Presidential Decree No. 17306, Jul. 16, 2001]
Article 23-3(Order Given to Refuse to Deal with Unjust Reproductions, etc.) #
(1) In case where the Minister of Information and Communication intends to order online service providers to refuse, suspend or restrict, etc. their services rendered to transmit and publish the programs or the information, etc. pursuant to the provisions of Article 34-2 (1) of the Act, he shall issue such order in writing which clarifies the said causes, implementation period of orders, etc. <Amended by Presidential Decree No. 19988, Apr. 4, 2007>
(2) Matters necessary for the detailed procedures, etc. for the orders under paragraph (1) shall be set forth and publicly notified by the Minister of Information and Communication.
[This Article Wholly Amended by Presidential Decree No. 18083, Aug. 6, 2003]
Article 23-4(Procedures for Making Correction Recommendations) #
(1) Every correction recommendation of the Committee provided for in the provisions of Article 34-3 of the Act shall be made in writing or by means of electronic document, which unequivocally indicate the matters falling under each of the following subparagraphs:
1. The details and the current state of illegal replicas that are subject to the correction recommendation;
2. The recommendation matters;
3. The correction deadline; and
4. The measures taken against the refusal of accepting the correction recommendation.
(2) Any online service provider who has been notified of the correction recommendation pursuant to the provisions of paragraph (1) shall notify the Committee of the result of the measures taken according to the correction recommendation in writing or by means of electronic document in which the matters falling under each of the following matters are entered:
1. The name, domicile and contact place of the on-line service provider;
2. The details of the measures taken according to the correction recommendation; and
3. In case where the acceptance of the correction recommendation is refused, the grounds thereof.
[This Article Newly Inserted by Presidential Decree No. 19988, Apr. 4, 2007]
Article 23-5(Vindication by Right Claimants) #
(1) Any person who intends to vindicate pursuant to the provisions of Article 34-4 (1) of the Act that he is a program copyright owner or an exclusive program publication right owner, etc. (hereinafter referred to as the "right claimant") shall submit the data falling under any of the following subparagraphs, to the online service provider: <Amended by Presidential Decree No. 19988, Apr. 4, 2007>
1. A copy of a program registration certificate or a copy of a program copyright registration certificate;
2. Reproduction of the program indicating his own name or title (hereinafter referred to as the "name, etc.") or widely-known alias;
3. Where a right claimant is a trust managing agency under Article 20 (1) of the Act, the data attesting that the said program is subject to a trust managing; and
4. Other data capable of attesting that he himself is a program copyright owner or an exclusive program publication right owner, etc.
(2) When a right claimant intends to request a suspension of reproduc tion or transmission of the program pursuant to the provisions of Article 34-4 (1) of the Act, he shall submit to the online service provider the document stating matters falling under each of the following subparagraphs, together with the data referred to in the provisions of paragraph (1) in writing or by means of electronic document: <Amended by Presidential Decree No. 19988, Apr. 4, 2007>
1. Statement purporting that a reproduction or transmission infringes on his own rights;
2. Title of the program subjected to a request for suspension of reproduction or transmission, or letters or marks corresponding thereto (here inafter referred to as the "title, etc.");
3. Information capable of verifying a location on the online service, where the program subjected to a request for suspension of reproduction or transmission is located;
4. Where to make contact, such as the name, etc. of a right claimant, and his address, telephone number, e-mail address, etc. (hereinafter referred to as the "where to make contact");
5. Signature and seal of a right claimant or his agent; and
6. Purport that if a request for reproduction or transmission is made without any lawful title, the damages incurred thereby shall be indem nified.
[This Article Newly Inserted by Presidential Decree No. 18083, Aug. 6, 2003]
Article 23-6(Notice of Suspension to Reproducer or Transmitter) #
(1) An online service provider who has suspended a reproduction or transmission of the program provided for in the provisions of Article 344 (2) of the Act shall notify a person who reproduces or transmits the relevant program (hereinafter referred to as the "reproducer or transmitter") in writing or by means of electronic document, which states the matters falling under each of the following subparagraphs within three days from the date of the said suspension: <Amended by Presidential Decree No. 19988, Apr. 4, 2007>
1. Date and time of suspending a reproduction or transmission;
2. Title, etc. of the program whose reproduction or transmission has been suspended;
3. Details of the vindication data submitted by a right claimant; and
4. Name, etc. of a right claimant, and where to make contact.
(2) An online service provider shall inform the reproducer or transmitter at the time of notice under paragraph (1) that he may request a resumption of the reproduction or transmission by vindicating that his own reproduction or transmission is based on the lawful title.
[This Article Newly Inserted by Presidential Decree No. 18083, Aug. 6, 2003]
Article 23-7(Vindication by Reproducer or Transmitter) #
(1) A reproducer or transmitter who intends to vindicate pursuant to the provisions of the former part of Article 34-4 (3) of the Act that his own reproduction or transmission is based on the lawful title shall submit to the online service provider the data falling under any of the following subparagraphs: <Amended by Presidential Decree No. 19988, Apr. 4, 2007>
1. A copy of a program registration certificate or a copy of a program copyright registration certificate;
2. Reproduction of the program indicating his own name, etc. or widelyknown alias;
3. A copy of the contract attesting the fact of having lawfully received a permission for reproduction or transmission from the right owner who has the program copyright, etc., or the data equivalent thereto;
4. Where the protection period of a program copyright has been expired, the data capable of verifying the said fact; and
5. Other data capable of attesting that he himself is a program copyright owner or an exclusive program publication right owner, etc.
(2) When a reproducer or transmitter intends to request a resumption of reproduction or transmission of the program pursuant to the provisions of the former part of Article 34-4 (3) of the Act, he shall provide the online service provider with the document stating the matters falling under each of the following subparagraphs, together with the data under paragraph (1) in writing or by means of electronic document: <Amended by Presidential Decree No. 19988, Apr. 4, 2007>
1. Statement purporting that a resumption of reproduction or transmission is requested;
2. Title, etc. of the program subjected to the request for a resumption of reproduction or transmission;
3. Information capable of verifying a location on the online service where the program subjected to the request for a resumption of reproduction or transmission is located;
4. Where to make contact, such as the name, etc. of a reproducer or transmitter;
5. Signature and seal of a reproducer or transmitter, or his agent; and
6. Purport that if any request for a resumption of reproduction or transmission is made without any lawful title, the damages incurred thereby shall be indemnified.
[This Article Newly Inserted by Presidential Decree No. 18083, Aug. 6, 2003]
Article 23-8(Notice, etc. of Resumption of Reproduction or Transmission) #
(1) An online service provider who has been requested to resume a reproduction or transmission of the program under the provisions of the former part of Article 34-4 (3) of the Act shall notify a right claimant of a resumption of reproduction or transmission of the relevant program in writing or by means of electronic document which states the matters falling under each of the following subparagraphs: <Amended by Presidential Decree No. 19988, Apr. 4, 2007>
1. Title, etc. of the program whose reproduction or transmission is to be resumed;
2. Details of the vindication data submitted by a reproducer or trans mitter;
3. Name, etc. of a reproducer or transmitter, and where to make contact; and
4. Date scheduled to resume a reproduction or transmission.
(2) Date scheduled to resume under paragraph (1) 4 shall be within 14 days subsequent to 7 days from the date on which the request for a resumption of reproduction or transmission of the relevant program has been received.
[This Article Newly Inserted by Presidential Decree No. 18083, Aug. 6, 2003]
Article 23-9(Designations and Publication of Recipients) #
(1) Every online service provider shall, when he intends to designate the recipients pursuant to the provisions of Article 34-4 (4) of the Act, designate the officer and the person who is the chief of the division, both of whom are in charge of the prevention of illegally replicated programs from being distributed.
(2) When any online service provider designates any recipient or changes his designation of any recipient to designate any other recipient, he shall indicate the name, the domicile, the telephone number, the facsimile number and the e-mail address of the designated recipient in the first image of his online service.
[This Article Wholly Amended by Presidential Decree No. 19988, Apr. 4, 2007]
Article 23-10(Subcommittees) #
(1) Subcommittees by fields under Article 35 (6) of the Act (hereinafter referred to as the "subcommittees") shall consist of the Committee members.
(2) Subcommittees shall perform the functions falling under each of the following subparagraphs:
1. Examination of the deliberative items of the Committee;
2. Specialized investigation or research of the deliberative items of the Committee; and
3. Other items delegated by the Committee.
(3) When the subcommittees have deliberated on the matters delegated by the Committee, they shall be deemed to have been deliberated by the Committee.
(4) Matters necessary for a composition and operation of subcommittees other than the matters referred to in paragraphs (1) and (2), shall be determined by the chairman by going through a deliberation by the Committee.
[This Article Newly Inserted by Presidential Decree No. 18083, Aug. 6, 2003]
Article 23-11(Secretariat and Research Office) #
(1) In the Secretariat under Article 35 (7) of the Act, one bureau director and necessary staff shall be placed, and in the research office, one chief of office and necessary researchers shall be placed.
(2) The bureau director and staff of the Secretariat and the chief of office and researchers pursuant to paragraph (1) shall be appointed or dismissed by the chairman.
(3) Matters necessary for the organization, fixed numbers, and operation, etc. of the Secretariat and research office pursuant to paragraph (1) shall be determined by the chairman by going through a deliberation by the Committee.
[This Article Newly Inserted by Presidential Decree No. 18083, Aug. 6, 2003]
Article 24(Work of Committee) #
The term "matter that is prescribed by the Presidential Decree in connection with the protection of program copyrights and their fair use" in the provisions of subparagraph 9 of Article 36 of the Act means the matter falling under each of the following subparagraphs:
1. The counsel that is offered to correctly interpret Acts and subordinate statutes in connection with program copyrights; and
2. The provision of information and counseling pertaining to Acts and subordinate statutes in connection with program copyrights.
[This Article Wholly Amended by Presidential Decree No. 19988, Apr. 4, 2007]
Article 24-2(Operation of Illegally Replicated Program Whistle-Blowing Center) #
The illegally replicated program whistle-blowing center provided for in the provisions of subparagraph 4 of Article 36 of the Act shall perform the work falling under each of the following subparagraphs:
1. The receipt of reports on illegally replicated programs; and
2. The technical counsels on the prevention of the distribution of illegally replicated programs.
[This Article Newly Inserted by Presidential Decree No. 19988, Apr. 4, 2007]
Article 25(Duties of Chairman) #
(1) The chairman shall represent the Committee, preside over its meetings and exercise the overall control of its duties. <Amended by Presidential Decree No. 14311, Jun. 30, 1994; Presidential Decree No. 17306, Jul. 16, 2001>
(2) In the case of an accident to the chairman, the Committee members nominated in advance by the chairman shall act on behalf of the chairman.
Article 26(Treatment of Members, etc.) #
(1) The chairman of the Committee shall be in full-time service and members other than the chairman shall be in non-full-time service.
(2) The full-time member shall be remunerated and non-full-time members shall be paid expenses necessary to perform their duties within the limits of budget.
[This Article Newly Inserted by Presidential Decree No. 16942, Aug. 5, 2000]
Article 27(Operation of Committee) #
(1) In cases where the chairman convenes the Committee, he shall notify each committee member of the date and time of the meeting, its location and the matters to be deliberated at least five days before the meeting is held: Provided, That if there occurs a state of emergency or an inevitable circumstance, this shall not apply.
(2) The Committee shall hold a meeting with attendance of a majority of the Committee members including the chairman and make a decision by the concurrent vote of not less than two thirds of the members present. <Amended by Presidential Decree No. 16050, Dec. 31, 1998>
(3) A Committee member shall not participate in the deliberation of matters in which he has a direct interest.
(4) In cases where the Committee enacts or amends matters falling under any of the following subparagraphs, the Committee shall consult with the Minister of Information and Communication: <Newly Inserted by Presidential Decree No. 14311, Jun. 30, 1994; Presidential Decree No. 15019, Jun. 7, 1996; Presidential Decree No. 16050, Dec. 31, 1998; Presidential Decree No. 16942, Aug. 5, 2000>
1. The matters concerning the operation of the Committee;
2. Deleted; and <by Presidential Decree No. 16942, Aug. 5, 2000>
3. The matters concerning the organization, fixed members and operation of the Secretariat and research offices.
(5) Other matters necessary for the operation of Committee shall be determined by the chairman through the deliberations of the Committee.
Article 27-2(Mediation) #
(1) Any person who desires to obtain a mediation of disputes under Article 36-2 of the Act shall submit to the Committee a written application for mediation stating the matters falling under each of the following subparagraphs:
1. Names and addresses of the parties (where there exists an agent, it shall include the name and address of the said agent); and
2. Purport of and causes for the said application.
(2) Matters necessary for the detailed procedures, etc. for the medication under paragraph (1) shall be determined by the chairman by going through a deliberation by the Committee.
[This Article Newly Inserted by Presidential Decree No. 18083, Aug. 6, 2003]
Article 27-3(Mediation Application) #
(1) Any person who intends to petition for mediation under Article 38 (1) of the Act shall file such application for mediation with the Committee as prescribed by the Committee.
(2) When an application for mediation is filed under paragraph (1), mediation application fees shall be paid beforehand as prescribed by the Committee and when the mediation is effected, expenses for the mediation shall be paid.
(3) The chairman shall, upon receiving an application for mediation under paragraph (1), designate a department to take charge of the mediation, and refer the application for mediation to the department.
[This Article Wholly Amended by Presidential Decree No. 16942, Aug. 5, 2000]
Article 27-4(Notice on Stating Opinion) #
(1) The mediation department that receives an application for mediation under Article 27-3 (3) shall, where it demands a presence of the party concerned, his agent or the interested person under Article 39 (1) of the Act, serve a notice in writing on him, giving reasons for him to state opinion, date and a place, etc. seven days prior to such presence. <Amended by Presidential Decree No. 18083, Aug. 6, 2003>
(2) The notice referred to in paragraph (1) shall explicitly indicate that where if he fails to be present without any justifiable reasons, he shall be deemed to renounce his stating opinion.
(3) The party concerned, his agent or the interested person who receives the notice under paragraph (1) may be present on the given date to state his opinion or submit his opinion in writing.
[This Article Newly Inserted by Presidential Decree No. 16942, Aug. 5, 2000]
Article 27-5(Payment of Expenses, etc.) #
(1) The Committee may, where any person other than the parties concerned complies with the Committee's demand to be present, pay him allowances and travel expenses, etc.
(2) The Committee shall, when the mediation is effected, manage and keep the written evidence and other related records on the mediation.
[This Article Newly Inserted by Presidential Decree No. 16942, Aug. 5, 2000]
Article 27-6(Appraisal) #
(1) Any person who desires to obtain an appraisal of the program and of the electronic information, etc. concerning the program under Article 38-2 of the Act, shall submit to the Committee the data falling under each of the following subparagraphs, together with a written application for a program appraisal:
1. Program subject to an appraisal (including an original code);
2. Submission list of the data for an appraisal;
3. Specification of programs; and
4. Other data requested by the Committee, as it deems them necessary for the appraisal.
(2) Matters necessary for the procedures for an appraisal concerning the program and electronic information, etc. concerning the program under paragraph (1), shall be determined by the chairman by going through a deliberation by the Committee.
[This Article Newly Inserted by Presidential Decree No. 18083, Aug. 6, 2003]
Article 28 #
Deleted.<by Presidential Decree No. 18083, Aug. 6, 2003>
Article 29(Public Hearing, etc.) #
(1) In case of the deliberation of agenda, if the Committee deems it necessary, the Committee may hold a public hearing or listen to the opinions of the interested persons or experts concerned.
(2) Any person who has an interest in the agenda of the Committee may submit his opinions to the Committee in writing.
Article 30 #
Deleted.<by Presidential Decree No. 18083, Aug. 6, 2003>
Article 31(Budget and Closing Accounts, etc.) #
(1) The Committee shall submit the business plans and draft budgets for the next business year to the Minister of Information and Communication not later than before the end of each business year, and obtain his approval therefor.
(2) The Committee shall prepare the business records and closing statements for every business year, and submit them to the Minister of Information and Communication within 90 days after the end of relevant business year.
[This Article Newly Inserted by Presidential Decree No. 17306, Jul. 16, 2001]
Article 32(Delegation of Authority) #
The Minister of Information and Communication shall delegate his authorities falling under each of the following subparagraphs to the competent Administrator of Communications Office pursuant to the provisions of Article 45-2 of the Act: <Amended by Presidential Decree No. 19988, Apr. 4, 2007>
1. Acceptance of the reports under Article 20 (2) of the Act;
2. Orders to refuse, suspend or restrict the handling provided for in the provisions of Article 34-2 of the Act; and
3. Imposition and collection of a fine for negligence under Article 51 of the Act.
[This Article Newly Inserted by Presidential Decree No. 18083, Aug. 6, 2003]
Article 33(Imposition and Collection of Fine for Negligence) #
(1) When the Minister of Information and Communication imposes a fine for negligence under Article 51 of the Act, he shall notify a payment of the said fine to the person subject to a disposition of a fine for negligence, by clarifying in writing the fact of offense and the amount of such fine, etc., after an investigation and verification of the relevant offense.
(2) When the Minister of Information and Communication intends to impose a fine for negligence under paragraph (1), he shall provide the person subject to a disposition of fine for negligence with an opportunity to state any oral or written opinion or state them by means of electronic document, with fixing the period of not less than 10 days. In this case, the said person shall be deemed to have no opinion, in the absence of statement of opinion within such period. <Amended by Presidential Decree No. 19988, Apr. 4, 2007>
(3) When the Minister of Information and Communication determines a fine for negligence, he shall take account of the motive of offense and consequences thereof, etc.
(4) Collection procedures for the fine for negligence shall be determined by the Ordinance of the Ministry of Information and Communication.
[This Article Newly Inserted by Presidential Decree No. 18083, Aug. 6, 2003]