The judgment of the court below is reversed, and the case is remanded to the Seoul Western District Court Panel Division.

The grounds of appeal are examined.

G

1. The court below held that the distribution of the pictures of this case (hereinafter referred to as the "the pictures of this case") as stated in the judgment of the court below, which the defendants proposed the supporting phrase "L" widely used at the time of the Korean World Cup 2002, entrusted to the so-called so-called so-called so-called so-called so-called Photolibol, which broker the permission for transfer and use on the Internet, does not constitute copyright infringement. The summary of the works of this case is limited to the scope of protection in light of the appeal power of the so-called materials, the social and cultural background of the collective support activities of the people, and its commercial and functional character, and the location, size and proportion of the pictures of this case were limited, and it is difficult for the copyright holder to obtain directly the creative form of expression of the works of this case from the pictures of this case, and it did not directly infringe on the business of this case.

2. The judgment of the court below is that the instant pictures do not recognize the substantial similarity with the instant copyrighted works, or that the distribution of the instant pictures by the Defendants, which expressed the instant copyrighted works, constitutes the quotation of the copyrighted works published under Article 25 of the former Copyright Act (amended by Act No. 8101, Dec. 28, 2006; hereinafter the same shall apply).

However, such determination by the court below is difficult to accept for the following reasons.

First, we examine the substantive similarity between the instant pictures and the instant copyrighted works.

(1) If an original work is reproduced in the course of photographing, recording, etc., it shall be deemed in light of the nature, content, overall composition, etc. of the new work.