저작권 침해에 대한 형사처벌조항의 검토 - 저작권법 제136조 제1항의 개정방안을 중심으로 -

Recently the advancement of computer and internet makes most of works digitalized and transmitted to the world easily and rapidly, but the violation to copyrights happens easily. Especially anyone can come into touch with music works, photography works and video etc. and can reproduce and transmit them. Even though copyright infringement through reproduction and transmission on internet happens a lot, as far as the infringer does not do it on the purpose of profit-making or habitually, the profit or the damage of the copyright-owner cannot be so big. On the case of copyright infringement, on the viewpoint of copyright-owner, it is no usefulness to bring an civil action for damages against infringer. So Copyright owners prefer criminal charge. According to Copyright Act §136 paragraph 1, all the violation of copyright can be put to imprisonment of 5 year or under or fine not exceeding 50 million won, so copyright holders accuses infringers indiscriminately and asks the infringers who are afraid of punishment for very excessive consent money comparing to the substantial damage. That kinds of accusation are charged against lots of infringers, so they cause trouble to the works of the investigation organization and court and unfair results to the infringers. In the U.S.A., China, Australia etc, only the act causes certain amount or over or comes from profit-making purpose or habit can be punished. Recently also UK government decided to introduce in Voluntary Copyright Alert Programme(VCAP). It may be given as a conclusion that the Copyright Act should be revised to the direction that the copyright offender should be punished when he offend copyright after being alerted more than once as well as when violation of copyright cause certain amount or comes from profit-making purpose or habit.