저작권침해에 대한 형사적 구제수단의 남용에 대한 입법적 대처방안 -조정우선주의 입법의 제안-

These days, due to the remarkable development of new media such as the Internet and social networking sites, everyday expression activities of the general public are likely to be frequently embroiled in disputes over copyright infringement. However, rather than finding a rational, proper and swift civil remedy for such an infringement, all problems are being excessively criminalized due to the abuse of criminal complaint and excessive demands for settlement money are being rampant, leading to serious suffering among many people, including teenagers. Although legislative alternatives to address such issues were discussed in the National Assembly several years ago, the legislation did not succeed. This article aims to present a new alternative in a different direction from the alternatives discussed so far in order to find a breakthrough in this situation.  The alternative I am suggesting is “mediation priority principle” against the criminal procedure, in which, when the mediation is initiated by either party, the process of criminal procedure is suspended and the result of the mediation procedure is waited for to be resolved in advance. This measure applies only to the area of offenses subject to personal complaint. Such measure could help reduce the suffering of the general public by allowing an infringer without purpose for profit and without recidivism to use mediation application as a rational response if he or she faces unfair demands for the settlement. Also it could mitigate social conflicts surrounding copyrights and foster a fair copyright culture.