[1] The method of determining whether a reproduction is to be recognized in the multiple translations with the same original text

[2] The case holding that a new sexual landscape based on the previous other sexual landscape is not reproduction

[1] In a case where multiple translations exist, as long as the contents and terms of the original text are the same as that of the original text, it is reasonable to say that the contents and terms themselves consist of partial identical expressions. Thus, it cannot be readily concluded that a single translation has reproduced another translation. The case of reproduction of a work is not only based on the existing work, but also on the time when it can be deemed identical so that the content and form of the work can be sufficiently inferred, and that it can be seen as identical. The determination of identity or identity should be made carefully based on the basic attitude that is attributable to the original translation.

[2] The case holding that the reproduction does not constitute reproduction on the ground that it is sufficient to view that the content and form of a new sexual landscape producer's expression is expressed in the name of its expression, in light of all the circumstances, including the following: (a) the motive and background leading up to the translation of a new sexual landscape; (b) the part leading up to the previous sexual landscape; and (c) the part leading up to the previous sexual intercourse, or the part leading up to the previous sexual intercourse, which is hard to change or clarify its purport by modifying it; and (d) the part which does not fit the difficult language and the language, which is considerably modified and supplemented in terms of the personal or literary aspects, such as easily changing the part leading up to the modern standard language; and (d) the modification is made according to the Korean Dratization Act in force.

[1] Articles 4(1)1, 91, and 92(1)2, and / [2] Articles 4(1)1, 91, and 92(1)2, of the Copyright Act

Han Sung-sung Association (Attorney Lee Sung-soo et al., Counsel for defendant-appellee)

[Defendant-Appellee] The Korea Association of M&S (Law Firm U.S., Attorney O Sang-tae et al.)

1. The motion of this case is dismissed.

2. The cost of the application shall be borne by the applicant;

The respondent shall not do any act such as printing, printing, selling, distributing, etc. with respect to the works listed in the attached list. The respondent shall not do so with respect to the above works, which are held in the main or in custody of the aforementioned works in the friendly book company (representative Kim Yong-san) located in Geumcheon-gu, Geumcheon-gu, Seoul, Geumcheon-gu, Seoul. The respondent shall hold the possession of the respondent with respect to the finished and semi-finished goods of the above works, semi-finished goods, and the film for printing and printing of the above works kept in thecheon-gu, Seoul Metropolitan Government Meal 288, and shall order the execution officer of the Northern Branch of the Seoul District Court delegated by the applicant to keep them in

1. Basic facts

According to all the supporting materials indicated in the record, the following facts are recognized:

가. 신청인은 기독교 성서를 번역, 출판, 반포하는 것을 목적으로 설립된 비영리 법인으로서 우리 나라 최초로 1938.경 우리말 성경인 '성경개역'을 출판하였고, 1952.경 당시의 한글맞춤법통일안에 따라 위 '성경개역'을 수정하여 '성경전서 개역한글판'(이하 1952년판 성경이라 한다)을 발행하고 그 후 다시 1956.경에 위 1952년판 성경의 잘못 번역된 부분 등을 원문 성경에 맞도륵 수정 또는 변경하는 작업을 마친 후 1961. 7 10.에 이르러 새로이 '성경전서 개역한글판'(이하 1961년판 성경이라 한다)을 발행하였다.

B. However, the respondent from around 1996, but he proceeded with the publication project of his sexual intercourse under the title "Saun-gu Saun-gu Saunsung (hereinafter referred to as the "Saunsung")," and printed 30,000 copies of this case's sexual concurrence from the Jaun-gu Meal Co., Ltd. 288, Goyang-si, Seoyang-si, 1997, and then is currently preparing for the production work at the Daun-gu 52, Geumcheon-gu, Seoul. 60-dong, Geumcheon-gu, Seoul.

2. Claims of the applicant and respondent

The applicant has prepared for publication. The applicant sought a provisional disposition like the purport of the application by asserting that the publication of the sex of this case was in violation of the applicant's copyright, and the publication of the sex of this case in 1961, which the applicant has an author's moral right in 1952, includes the same contents as the applicant's moral right. The respondent sought a provisional disposition as the purport of the application by asserting that the publication of the sex of this case was in violation of the applicant's copyright. The respondent, which the respondent is preparing for publication of this case, based on the sex of the applicant's publication in 1952 in the course of compilation, was made based on the sex of the applicant's publication in 1952, but among them, the part which became a new problem was corrected or the translation of the sign was corrected in line with the original meaning of the original author's book. As long as considerable parts were revised such as changing the difficult and unsworn translation into modern language or correcting it in line with modern language law, it is not a dispute over the applicant's copyright.

3. Determination

Therefore, I would like to look at whether the sexual border of this case is identical to the same work by reproducing the sexual border of 1952 and the sexual border of 1961.

According to all the supporting materials submitted by the respondent, the respondent was appointed as a translator of the professors of the new schools dispatched from the Respondents to the Respondents in order to make the above 1952 and 1961 and the 1993 reference translation of the applicant's issuance of the applicant who is mainly used by the Respondents in Korea, and there are many parts of the original literary issues or errors in the original translation process, and the parts marked in the old Posin's body and difficult Chinese language, and the parts in which the Iron's law is distorted, and the new school professors dispatched from the Respondents belonging to the Respondents were appointed as a translators of the Respondents. In order to make this end, the Respondents issued by the Respondents Association of Germany, and new drugs prepared the "Greek-Egra New New Nit's compilation" of the NAs and prepared the above 196th and the above 196th and the above 195th and the above 196th and the above 196th and the above new version of the publication.

On the other hand, when comparing the actual contents of the above 1952 sexual border and the 1961 sexual border, for example, in Section 42 of the above 195-2 sexual border and the 1961 sexual border, the 1952-1 sexual border and the 1961-2-1 sexual landscape have been translated as "Iskn't wn't wn't wn't wn't wn't wn't wn't wn't wn't wn't wn't wn't wn't 1952 sexual border and the 196-1-2-196-1 sexual border, and it is hard to recognize the 196-1-196-1 Korean translation of the above 196-1 sexual border."

In a case where multiple translations exist, as long as the original text is the same as that of the original text based on the translation, it cannot be readily concluded that the content or the term itself consists of a part identical to that of the original text, and thus, it cannot be readily concluded that the original text has reproduced another translation. The term “the case of reproduction of a work” refers to the case where the work is reproduced not only based on the existing work, but also on the basis that it can be deemed identical so that the content and form of the work can be sufficiently inferred, and the determination of the nature or identity should be made carefully on the basis of the basic attitude that is attributable to the original text.

In this case, as seen above, the respondent's motive and background leading to translation of the sex of this case, and the actual contents of the sex of this case are to change or clarify the purport of the expression by modifying the error or ambiguous parts of the 1952 plate and the 1961 plate, and to change or clarify the purport thereof, and to change or correct the part that does not fit the 1952 plate and the 1961 plate and the 1961 plate, and to correct or supplement the part that is difficult to change in the modern standard language easily or to correct according to the current implementation plan for the unification of the Korean Diplomatic Law, etc. In light of all the circumstances, the sex of this case is based on the above part corresponding to the 1952 plate and the 1961 plate and it cannot be deemed as identical, and it is difficult to see that the Respondent's mental idea and the 1961 plate and the 1961 plate.

4. Conclusion

Therefore, the applicant's application for provisional disposition of this case, which is premised on the fact that the above 1952 version and 1961 edition are reproduced and infringed on the copyright, shall be deemed to fall under the case where there is no vindication as to the preserved right. Thus, it is dismissed as it is so decided as per Disposition (attached Form omitted).

Judges Kim Yong-sung (Presiding Judge) and the date of determination