[손해배상청구사건][고집1975민(1),326]
Rights under the Copyright Act of a person who arbitrarily translates a foreign author without the consent of the author.
If the original foreigner arbitrarily translates the original foreign author's written work without obtaining the consent of the original author, the translator cannot be recognized as the author under the Copyright Act, and there is the right of publication derived from the copyright or copyright.
Article 46 of the Copyright Act
Plaintiff
Defendant
Seoul Central District Court (74Gahap1836) in the first instance trial
The original judgment shall be revoked.
The plaintiff's claim is dismissed.
All the costs of lawsuit shall be borne by the plaintiff in the first and second instances.
The defendant shall pay 748,00 won to the plaintiff. The costs of lawsuit shall be borne by the defendant and a declaration of provisional execution.
The same shall apply to the order.
On April 15, 1969, the plaintiff purchased 150,00 won from the non-party, who was a co-defendant of the court below's judgment, a translation of "the meaning search tool between the plaintiff", which is the original creator, and published it under six times in the book name. The defendant, in collusion with the non-party on February 1974, changed the title of the above book to "bee and love" and sold it to 720 won, thereby infringing on the plaintiff's copyright and right of publication. Thus, the defendant asserted that the plaintiff's right to compensation for damages or benefits arising therefrom is not sufficient to obtain a translation from the non-party's original creator's copyright right. In the case of a work of another person under the Copyright Act, the plaintiff's copyright right can not be accepted for the first time without the plaintiff's consent to the original author's copyright owner's copyright owner's copyright right which is the first time in Korea. Thus, the plaintiff's copyright right can not be accepted for the first time without the plaintiff's copyright owner's consent.
Therefore, the plaintiff's claim of the principal lawsuit is unreasonable because there is no need to determine the remaining points of action, and it is therefore dismissed. Accordingly, the original judgment which differs from this conclusion is unfair, and the defendant's appeal is accepted in its reasoning, and the plaintiff's claim is dismissed. It is so decided as per Disposition by Articles 96 and 89 of the Civil Procedure Act with respect to the bearing of the costs of lawsuit.
Judges Lee Dong-ho (Presiding Judge)