The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Legal principles 1) “Public notice” under Article 137(1)1 of the Copyright Act refers only to a case where a work is made public or published in the public for the first time. Thus, not a book published for the first time, but a book published for the first time does not constitute “public notice”.

2) The copyright holder’s right of publication or right of attribution includes the right to decide whether or not a work is to be made public or indicated as his own sole work, or as a joint work with another person. As such, as in the instant case, where the Defendant, the copyright holder, by obtaining the consent of the non-authors, expressed the non-authors in his own work as a co-authors, the elements of Article 137(1)1 of the Copyright Act are not satisfied.

3) In the instant case, illegality is dismissed since it did not result in unfair competition, such as bringing about or threatening to cause confusion to protect the social trust of copyrighted works.

4) Nevertheless, the lower court erred by misapprehending the legal doctrine on the facts charged of this case.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of legal principles, Article 137(1)1 of the Copyright Act provides that a person who makes a work public under the real name or pseudonym of a person other than the author shall be subject to criminal punishment.

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

Considering such legislative intent, it is not the author.