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(영문) 대법원 2017.11.09 2017도9093
저작권법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant B’s grounds of appeal

A. Article 137(1)1 of the Copyright Act provides that a person who makes a work public under the real name or second name of a person who is not an author shall be subject to criminal punishment.

The purpose of the above provision is to protect the credibility of the society in the name of the author as well as the real personal rights of the author, which are expressed as the author by a person other than the author on his own work against his own will and against his own will by a person other than the author.

Considering such legislative intent, the crime under the above provision is established as long as a work is made public by indicating a person who is not the author as the author, and the trust in the society is not damaged in light of the social norms.

Unless there are special circumstances, such publication does not change even if there is the consent of the author and the actual author in such publication.

In addition, publication under the Copyright Act refers to the publication of a work to the public by means of public performance, transmission to the public, display, or other means (Article 2 subparag. 25 of the Copyright Act). In light of the literal meaning of such publication and the legislative intent of Article 137(1)1 of the Copyright Act, there is a timely publication of a work that is subject to false representation of an author, in light of the language and meaning of such publication and the legislative intent of Article 1

Even if the establishment of a crime under the above provisions is not affected.

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