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Defendant
A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 3 million.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
Defendant
A is a MBC employee who is the general planner and the representative director of the F limited liability company established to produce the “E” drama, and the Defendants have consulted and processed all important matters for the production and publicity of the said drama together.
On July 30, 2009, the Defendants entered into the extreme writing contract with the victim G and E. On March 9, 2010, the Defendants concluded a novel publishing contract with the “H” and concluded a novel publishing contract with the Darma in order to publicize the said Darma. On June 15, 2010, on June 3, 2010, the Defendants sent the victim the draft of the written amendment agreement containing the content of reduction of writing fees, joint writers’s credit, etc., to the victim by e-mail, but on June 13, 2010, the victim sent the victim the e-mail that the victim responded to a new assistant author without any special reply, and sent the victim the e-mail that notified the termination of the contract to the victim on June 13, 2010, the victim raised a civil lawsuit against the Defendant on June 15, 2010, stating that it is improper to terminate the contract, its existing work performance and penalty, etc., by mail.
As above, since there was a dispute over the legality of notifying the victim of the termination of the contract, it is unclear whether the victim has the right to publish the novel using each of the parts written by the victim as the original work, and it is concluded with the victim prior to the publication at the time of signing the written contract with the victim, but there was no express agreement with the victim on the terms of the content of the business and the terms of profit distribution, but there was no specific agreement with the victim on the terms of the publication. Therefore, the victim may not publish a derivative work made up of the victim’s single and six main copies by withdrawing them as the novels without the victim’s permission.