A. The plaintiff's assertion was made after September 8, 199 by means of translation into Korean automobile-related laws and regulations in English in return for payment from the defendant after September 8, 199. The translation in the attached Form is one of the works which the plaintiff translated into the automobile-related laws and regulations in English at the defendant's request (hereinafter "the translations in the attached Form", and all the translations provided by the plaintiff to the defendant are referred to as "the translations provided by the plaintiff."

However, the defendant asserts that the copyright of the translation of this case exists to the defendant, and the plaintiff seeks to confirm that the copyright of the translation of this case is the plaintiff.

B. The defendant's assertion that the plaintiff is the person who translated the plaintiff's translation is recognized.

However, the translation of this case is not creative. The translation of this case is not a work protected by the Copyright Act. ② The author of the translation of this case, which is one of them, is presumed to be the defendant. ③ In light of various circumstances, such as the plaintiff's own indication on the translation of this case, and the plaintiff's withdrawal, the copyright of the translation of this case, including the translation of this case, can be deemed to have been transferred to the defendant.

2. Determination

A. Article 2 subparag. 1 of the Copyright Act provides that whether the translation of this case is a work protected by the Copyright Act or a work is “a creative production that expresses human thoughts or emotions.” The term “originality” does not mean a complete originality, but merely means that a work does not simply imitate others, but contains an original idea or expression of human thoughts or emotions of the author.