공공저작물 자유이용 제도에 대한 연구

The new provision(Article 24 bis) for free use of public works was established in Copyright Act as follows : (1) A work produced on business and already made public by the State or a local government, or a work of which the author's property right is owned in its entirety by the State or a local government under a contract, may be used without permission: Provided, That the same shall not apply when the work falls under any of the following cases: 1. Where it includes any information pertaining to national security; 2. Where it corresponds to an individual's privacy or confidential business information; 3. Where it includes any information of which disclosure is restricted under other Acts; 4. Where it is registered with the Korea Copyright Commission under Article 112, and is managed as State-owned property under the State Property Act or as public property under the Public Property and Commodity Management Act. (2) The State may establish and enforce policies to promote the use of public works, as prescribed by Presidential Decree, in order to promote the use of works which are produced and made public by a public institution or of which the author's property right is owned in its entirety under a contract by a public institution pursuant to Article 4 of the Act on the Management of Public Institutions. (3) When it is acknowledged as necessary for free use, the State or a local government may permit the use of public works among those prescribed in paragraph (1) 4, as prescribed by Presidential Decree, notwithstanding the State Property Act or the Public Property and Commodity Management Act. In spite of the propriety of the purpose of legislation, it has brought several legal issues up. This article considers the major issues of article 24 bis in Copyright Act and then reviews the legal problems on free use of public works focusing on the consistency with other related laws.