1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim against the above revocation is dismissed.

2...

1. The Plaintiff’s assertion is a company that develops and sells documentary files.

The public officials belonging to the Defendant-based Seoul Special Metropolitan City(hereinafter “instant letter”) infringed the Plaintiff’s copyright of the instant letter by illegally using the Plaintiff’s program of the letter produced by the Plaintiff (hereinafter “instant letter”) around 2010, from that time to that time by 2017.

Therefore, the Defendant is obligated to pay the Plaintiff the minimum amount of KRW 5,00,000, which is equivalent to the amount ordinarily received by the Plaintiff’s exercise of copyright on the instant letter, as damages, and damages for delay.

2. Determination

A. The relevant legal doctrine 1) The Copyright Act does not explicitly stipulate the content of the copyrighted work or the protection of the copyrighted work in a book, and the applied art works created with the main purpose of practical function are protected as a copyrighted work only if the copyrighted work falls under a creative work belonging to the scope of the art, because the copyrighted work itself has an independent artistic characteristics or value separate from the practical function (Supreme Court Decision 94Nu5632 delivered on August 23, 1996). Meanwhile, in the case of a book program, the copyrighted work constitutes a computer program that is not a simple data file, and the reproduction, transmission, and distribution of a book file as a computer program is recognized as a copyrighted work and protected as a copyrighted work, and the use of the book file with the result expressed by the book using the book does not constitute copyright infringement unless the work itself constitutes an infringement on the design itself (Supreme Court Decision 94Nu5632 delivered on August 23, 1996).