No right of publication shall be established on a work which has been already published in a foreign country.

Since a foreigner’s copyright is subject to protection under the Copyright Act only for the first time in Korea, even if a contract to establish a contract that can exclusively publish a work already published in a foreign country is completed, the foreigner’s copyright cannot be protected under the Copyright Act.

Attorney Choi Young-do et al., Counsel for the defendant-appellant

Seoul High Court Order 79Ra20 Dated May 13, 1979

The reappeal is dismissed.

The Re-Appellant's grounds for re-appeal are examined.

According to the reasoning of the order of the court below, the court below recognized that the applicant entered into a contract to establish the right of publication with the foreigner who is the author of the original work already published in a foreign country and completed the registration of the establishment of the right of publication in the Cultural Gazette on September 6, 1978, and held that the foreigner's copyright is protected under the Copyright Act only for the first time in Korea, since the foreigner's copyright is already published in a foreign country like the above recognition, so even if the applicant entered into a contract that the foreigner can exclusively publish the work in Korea and completed the registration, the foreigner's copyright cannot be deemed a valid holder of the right of publication. Accordingly, the above determination of the court below is just and there

Therefore, it is decided as per Disposition by the assent of all participating Justices.

Justices Presiding Justice (Presiding Justice)