음악산업진흥에관한법률위반
Defendant
The appeal is dismissed.
The summary of the grounds for appeal (definite or misunderstanding of legal principles) even though it is not recognized that D (hereinafter “D”) produced by Defendant’s “D” for many people or for the purpose of providing circulation viewing, the Music Industry Promotion Act and Enforcement Decree of the same Act are planned to produce music records and music video products for many people or for the purpose of providing circulation viewing, and the Defendant’s main operating profit is generated through the production of music video files. As such, the Defendant is not a singing practice room business, but a music video production business.
Judgment
Article 2 of the Music Industry Promotion Act (hereinafter “ Music Industry Promotion Act”) defines the term “music-video production business” as “business of planning, producing, reproducing, or reproducing music records, music files, music video products, or music video files” (Article 8), and “singing practice room business” as “business of providing music to the public with equipment such as video or non-video reflector, etc., which allows the public to singing in line with the musical instruments without a musical performer.” (Article 13).
In addition, Article 16 (1) of the Music Industry Act imposes an obligation on a person who intends to operate a music record and music video production business in principle to report his/her business in accordance with the principle, and excludes the subject of reporting by recognizing exceptions in certain cases, and excludes “the case of producing a music record, etc. for any purpose other than for the purpose of providing it to distribution and viewing without involving many people” from the subject of reporting pursuant to Article 16 (1) 6 of the Music Industry Act and Article
The criteria for judgment and the provisions of the Music Industry Act and the Enforcement Decree of the same Act shall also be included in the music record and music video production work for any other purpose than for distribution and viewing.