著作權 侵害判斷에서 顯著한 類似性의 槪念 導入論

With the overwhelming flow of U.S. copyright cases and theories into Korea, Korean copyright cases have been much influenced by those of U.S. This article is intended to introduce the concept of ‘striking similarity’ of U.S. copyright law to Korean copyright law, even though Korean courts have used such relevant concept of it or used it in different ways. This article introduced and reviewed requirements for copyright infringement in U.S. copyright law, two prongs of Arnstein test, relation of access and similarity, and striking similarity. Thereafter, this article reviewed and interpreted the terms of ‘striking similarity’ and 'substantial similarity' used in Korean copyright infringement cases. Comparing the usages of the similar terms in copyright infringement cases between U.S. and Korean courts, this article is intended to show further research is necessary for development of ‘striking similarity’ concept in Korea.