지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
논문 기본 정보
- 자료유형
- 연구보고서
- 저자정보
- 발행연도
- 2009.12
- 수록면
- 9 - 166 (159page)
이용수
초록· 키워드
오류제보하기
1. This study examines appropriateness and efficiency of criminal protection of current copyright law for regulation of infringement of the right to investigate criminal law and regulations being suitable to the realities of copyright in Korea when the protection is appropriate and to discuss alternative protection when the protection is inappropriate.
2. Even if a lot of infringements of copyright are admitted to be criminal cases at criminal practices, most of them are not prosecuted because of either no crime or no suspicion. Most of the cases that are criminally prosecuted are sentenced to be given fine at summary judgment, and jail sentence is rare at formal trial. In other words, the current copyright law regulates that either infringement of copyright having no intentional violation or behaviour being close to public use is to be criminal infringement, so that it produces a lot of criminals.
3. The study investigated not only prosecutors' prosecution of crimes according to the copyright law but also the court's sentence: Most of the crimes that prosecutors prosecute in accordance with criminal procedures belong to extremely light criminal cases. In other words, when cases that can be settled in accordance with civil remedies prior to settlement of criminal cases are transferred to criminal procedure, neither offender or victims can be given remedies. Most of illegal behaviors violating the copyright law cannot be controlled by punishment nor can produce post-remedy effects. The effect of criminal punishment against violation of the copyright law is of doubt: In other words, even if either number of cases detected by number of either criminal investigation agency or conviction and prosecution of copyright holders increases several times, money amount of the fine punishment has decreased year by year.
4. Infringement of copyright can be punished according to criminal law after having a certain level of criminal requirements. The criminal requirements of infringement of copyright may vary a little depending upon each country. In other words, requirements may vary depending upon infringement of copyright as well as neighboring rights' technical protection or each infringement crime shall have common requirements so that independent requirements shall be regulated according to types of each infringement.
And, criminal punishment against copyright infringement may have different level of punishment depending upon types of the right that the government can protect. In other words, copyright, neighboring rights, technical protection and right control information, etc shall be divided to have different criminal punishment, or shall have same criminal punishment. The United States, Germany, France and Japan regulate infringement of copyright and neighboring rights at same level of criminal punishment, while the UK regulates a little higher punishment than infringement of copyright at summary judgment when a performer infringes neighboring rights at either business process or others than business.
5. The criminal punishment regulations on infringement of copyright has some problems as follow: At first, the regulations have a problem of intentional judgment. The crime of infringement of copyright shall be limited to apply it to a criminal who commits crimes intentionally. Unless special situation exists at infringement in practices, a performer is thought to have intention to be criminally prosecuted that is not desirable. And, the crime that does not belong to an offense subject to complaint has a problem of judgment of profit-making. When infringement is repeated to have customary requirement for profit-making, it is often thought to do profit-making. In the case, profit-making is no more than making of passive and reflective profit to be far from copyright object of an offense subject to complaint.
6. Improvement of criminal punishment fro effective remedy of infringement of copyright needs to divide criminal requirements of infringement of copyright according to the copyright law and to differentiate criminal punishment. And, crimes of infringement of copyright shall have dual lawsuit procedures. Minor infringement case shall be completed in simple and prompt way. Commercial infringement of copyright for profit-making shall be sentenced to be close to legal punishment. Commercial infringement for profit-making can destroy not only writers' rights protected by copyright law but also normal order of work industry to give damages to national economy and to be seriously illegal. To improve criminal remedy on infringement of copyright and control the infringement in criminal policy, regulations of comprehensive and fair use may be adopted to expand scope of criminal immunity and to develop copyright organizations for acquisition of reasonable routes of works and to expand requirements of current legal use permit system.
2. Even if a lot of infringements of copyright are admitted to be criminal cases at criminal practices, most of them are not prosecuted because of either no crime or no suspicion. Most of the cases that are criminally prosecuted are sentenced to be given fine at summary judgment, and jail sentence is rare at formal trial. In other words, the current copyright law regulates that either infringement of copyright having no intentional violation or behaviour being close to public use is to be criminal infringement, so that it produces a lot of criminals.
3. The study investigated not only prosecutors' prosecution of crimes according to the copyright law but also the court's sentence: Most of the crimes that prosecutors prosecute in accordance with criminal procedures belong to extremely light criminal cases. In other words, when cases that can be settled in accordance with civil remedies prior to settlement of criminal cases are transferred to criminal procedure, neither offender or victims can be given remedies. Most of illegal behaviors violating the copyright law cannot be controlled by punishment nor can produce post-remedy effects. The effect of criminal punishment against violation of the copyright law is of doubt: In other words, even if either number of cases detected by number of either criminal investigation agency or conviction and prosecution of copyright holders increases several times, money amount of the fine punishment has decreased year by year.
4. Infringement of copyright can be punished according to criminal law after having a certain level of criminal requirements. The criminal requirements of infringement of copyright may vary a little depending upon each country. In other words, requirements may vary depending upon infringement of copyright as well as neighboring rights' technical protection or each infringement crime shall have common requirements so that independent requirements shall be regulated according to types of each infringement.
And, criminal punishment against copyright infringement may have different level of punishment depending upon types of the right that the government can protect. In other words, copyright, neighboring rights, technical protection and right control information, etc shall be divided to have different criminal punishment, or shall have same criminal punishment. The United States, Germany, France and Japan regulate infringement of copyright and neighboring rights at same level of criminal punishment, while the UK regulates a little higher punishment than infringement of copyright at summary judgment when a performer infringes neighboring rights at either business process or others than business.
5. The criminal punishment regulations on infringement of copyright has some problems as follow: At first, the regulations have a problem of intentional judgment. The crime of infringement of copyright shall be limited to apply it to a criminal who commits crimes intentionally. Unless special situation exists at infringement in practices, a performer is thought to have intention to be criminally prosecuted that is not desirable. And, the crime that does not belong to an offense subject to complaint has a problem of judgment of profit-making. When infringement is repeated to have customary requirement for profit-making, it is often thought to do profit-making. In the case, profit-making is no more than making of passive and reflective profit to be far from copyright object of an offense subject to complaint.
6. Improvement of criminal punishment fro effective remedy of infringement of copyright needs to divide criminal requirements of infringement of copyright according to the copyright law and to differentiate criminal punishment. And, crimes of infringement of copyright shall have dual lawsuit procedures. Minor infringement case shall be completed in simple and prompt way. Commercial infringement of copyright for profit-making shall be sentenced to be close to legal punishment. Commercial infringement for profit-making can destroy not only writers' rights protected by copyright law but also normal order of work industry to give damages to national economy and to be seriously illegal. To improve criminal remedy on infringement of copyright and control the infringement in criminal policy, regulations of comprehensive and fair use may be adopted to expand scope of criminal immunity and to develop copyright organizations for acquisition of reasonable routes of works and to expand requirements of current legal use permit system.
목차
국문요약
제1장 서론
제2장 저작권침해의 실태와 저작권법위반 사건의 처리 현황
제3장 저작권침해의 형사적 보호에 관한 비교법적 고찰
제4장 현행 저작권법상 권리침해에 대한 형사적 보호의 필요성과 한계
제5장 저작권침해의 효과적 구제를 위한 형사적 제재방식의 개선을 위한 제언
참고문헌
Abstract
참고문헌 (0)
참고문헌 신청함께 읽어보면 좋을 논문
논문 유사도에 따라 DBpia 가 추천하는 논문입니다. 함께 보면 좋을 연관 논문을 확인해보세요!
-
저작권의 침해 및 구제
경영법률
2007 .01
-
저작권침해의 구제에 관한 연구
법학연구
2005 .10
-
P2P 방식의 파일교환에 있어서 인터넷 서비스 제공자의 著作權 侵害 責任
인터넷전자상거래연구
2006 .12
-
하이퍼링크와 저작권 침해 문제의 재고찰 : ‘이용에 제공하는 것’의 해석론을 중심으로
인권과 정의
2017 .01
-
学术不端论文检测机制法律问题研究
국제거래와 법
2020 .01
-
P2P와 저작권 보호
법학연구
2002 .12
-
교육정보화를 위한 저작권법의 과제 -미국, 일본, 독일 저작권법상의 교육관련 규정을 중심으로-
法學論文集
2009 .01
-
경영학적 관점에서 본 하이브리드형 P2P 방식에 의한 저작권 침해 판결의 재조명
대한경영학회지
2004 .12
-
일본판 공정이용조항의 도입 논의
경영법률
2011 .01
-
중국시장에서 해외저작권자의 인터넷 저작권 침해 구제방안에 관한 연구
인터넷전자상거래연구
2007 .03
-
SNS상의 저작권침해 유형과 경미한 저작권침해에 대한 형법의 자제
형사법연구
2014 .01
-
인터넷 상에서 저작권침해에 따른 온라인서비스 제공자의 책임문제
중재연구
2002 .01
-
소프트웨어 저작권 침해사례와 분쟁해결에 관한 연구
중재연구
2004 .01
-
유비쿼터스 환경하에서 디지털 저작물의 보호방안
법학연구
2006 .06
-
전자출판 저작물의 적정보호 수준 : 법적, 경제학적 분석을 중심으로
한국언론학보
2000 .07
-
인터넷上의 著作權保護 및 著作權法 제25조의 問題點
법학연구
2008 .02
-
中國 刑法上 犯罪過程에서의 犯罪形態
법학연구
2005 .06
이 논문의 저자 정보
이 논문과 함께 이용한 논문
저작권침해의 구제에 관한 연구
박홍진
법학연구
2005
.10
저작권 침해죄의 성립요건인 ‘고의’에 관한 연구 : 한국 저작권법 제136조와 미국 저작권법 제506조를 중심으로
이수미
법학연구
2010
.08
지식재산권 침해에 대한 민사상 구제방법에 관한 소고 : 저작권을 중심으로
계승균
동아법학
2017
.02
저작권 침해에 대한 형사처벌조항의 검토 : 저작권법 제136조 제1항의 개정방안을 중심으로
이동형
법학연구
2017
.02
교육 목적의 저작물 이용의 공정이용 판단요소 : 미국 판결의 성향 및 함의
조연하
한국언론학보
2016
.10
최근 본 자료
댓글(0)
0
UCI(KEPA) : I410-ECN-0101-2012-364-003948885