저작권법에서 사적이용을 위한 복제에 관한 소고

Thanks to the development of science and technology in the digital era lots of issues on copyright have been raised. In particular, many countries including European countries, Japan have tried to legally solve the problem concerning copyright on copying for private use under the digital circumstance, and resulted in newly establishing articles to criminally punish those who have unlawfully uploaded the copyrighted works on the internet. On the contrary, the Korean Copyright Act does not have any articles to regulate the offences against the Copyright Act even if such unlawful actions on the internet have often occurred in Korea as well. In the case "NAU Film" in 1998 the court made a judgement that the downloading for the private purpose cannot be regarded as lawful when downloaders would willfully know the fact that the file to be copied would infringe the copyright. From the legislative perspectives the article on copying for private use in the Korean Copyright Act should be debated on whether it should be revised, and compared with articles in question of other countries' Acts. In this regard we should meticulously debate on whether downloaders are needed to be criminally punished, when they get download while knowing the fact that others unlawfully uploaded a copyrighted work such as film, music file on the internet. In addition, the study on the reproduction for private use to evade technical protection measures should be made from the viewpoint of revision of Copyright Act as well.