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(영문) 서울중앙지방법원 2020.07.16 2019가합569615

저작권 침해금지 등 청구의 소

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 3, 2019, the Plaintiff entered into a contract to establish a publication right including the following contents with Defendant B in order to publish a book recording the life, experience, etc. in North Korea, such as forced workers’ accommodation.

(hereinafter referred to as “instant contract”). B. The name of the author of author’s property right: The summary of the description of A’s work: The summary of the G work in the name of the author’s property right: (a) the author’s name and the title of his/her work: based on his/her own life and activities: (b) the author’s name and the title of his/her work in the form of a self-defense; (c) the fact that he/she actually acquired the idea and politics, military, economy, society, and culture of North Korea; (d) the act and the process of withdrawal from North Korea to the arrest under suspicion of anti-system activities; and (e) the author’s intent and alternative for peace and unification faced by the Republic of Korea, presented the author’s opinion and the author’s opinion for development of free democracy, Article 1 (Establishment of Right of Publication) ① the establishment of the publication right for the work (hereinafter

(2) Pursuant to the provisions of paragraph (1), B shall have exclusive and exclusive rights to publish the said works as they are original.

Article 3 (Exclusive Use) (1) A shall not separately publish, or have a third party publish, any work identical or similar to the whole or any part of the title and contents of the said work during the term of this contract.

(2) A shall not directly publish or let a third party publish a revised or expanded edition of the said work without the prior consent of B during the term of this contract.

Article 7 (Respect for Authors’ Moral Rights) B shall respect the author’s moral rights and indicate his real name or pseudonym, etc. indicated in the work in good faith by the author, and in order to change the title, content and form of the work in question, it shall necessarily obtain the consent of the author.

§ 18.