A. (1) Defendants (1) are the copyrighted works of this case on which each of the tests of this case is published, claiming that they fall under Article 28 (cited Works Made Public) of the Copyright Act. The Defendants reproduced each of the test questions of this case for the purpose of education (PDF file conversion) and transmitted (PDF file download and downloadd).

Furthermore, considering that the Defendants’ reproduction and transmission acts are as follows, they are cited in conformity with fair practices within the reasonable scope, and thus, they cannot be seen as copyright infringement under Article 28 of the Copyright Act.

① The purpose of the application is to inspire students' learning efficiency and provide them with opportunities to access data regardless of income level or residential area.

(2) The nature of the quoted work is a test issue and is merely a work which has the minimum originality, not a highly creative nature.

③ Although the Defendants cited the entire examination question of the instant case, the contents and quantities of the cited examination are not yet sufficient in light of the overall services provided by the Defendants company.

④ The Defendants made it possible to easily identify the source, etc. on the converted file, and the methods and forms that contain the acquired work are also consistent with fair practices.

⑤ Each copyright holder of the instant case has no plan or intent to distribute each test issue of the instant case or to use it for profit. Thus, the Defendants’ act cannot be deemed as replacing the demand for the original work.

(2) The Defendants’ instant act constitutes Article 35-3 of the Copyright Act (Fair Use of Works) and Article 35-3 of the Copyright Act (Fair Use of Works). Considering the purpose of the Copyright Act, the aforementioned provision shall also apply to acts before the creation of a new provision.

(3) The Office of Education, each of the instant copyright holders, has claimed abuse of rights.