A person who operates a special value-added telecommunications business shall conduct business after registering with the Korea Communications Commission.

The Defendant, without registering with the Korea Communications Commission from July 12, 2012 to September 17, 2012, operated six sites, including D, E, F, G, H, and I, and operated an adult film programming method against members. The Defendant operated a special type of additional production business without registering with the Korea Communications Commission.

2. Determination

A. The issue is whether the instant site, which the Defendant had intended to take over from J, constitutes “special value-added telecommunications services under Article 104 of the Copyright Act” under Article 2 Subparag. 13(a) of the Telecommunications Business Act subject to registration.

B. Article 104(1) of the Copyright Act provides that “On-line service providers with the main purpose of enabling transmission of copyrighted works, etc. between other persons by using computers (hereinafter “online service providers of special type”) shall take necessary measures, such as technical measures to block illegal transmission of the given copyrighted works, etc. upon request of the holder of the right.” Article 104(2) of the same Act provides that “The Minister of Culture, Sports and Tourism may determine and publicly notify the scope of the online service provider of special type under the provisions of paragraph (1).”

Accordingly, the scope of a special type of online service provider defined by the Ministry of Culture, Sports and Tourism No. 2012-36 is as follows:

"A person who provides a web site or program without the copyright holder's permission to use copyrighted works, etc. which is not limited to individuals, family members, and other public domains, so that the copyrighted works, etc. are shared by the public."