동일성유지권 제한에 있어서의 ‘부득이한 변경’에 관한 연구: 판례 분석을 중심으로

This study examined the view of our court about the ‘Unavoidable scope’ in the limitation of the right to maintain identity among moral rights. As a result of case analysis, ‘modifications deemed unavoidable’ was strictly interpreted from the advertisement background music incident. However, this judgment does not take into consideration the change of the essential content of the article cited in Article 13 (2), leaving doubts as to whether the interpretation is adequate. On the other hand, it was found that the range of restriction of the right of integrity was interpreted somewhat broad in the other cases which focused on whether the essential contents were changed before whether the modification is unavoidable. As a result, the restriction on the right to maintain identity in the case of copyright disputes related to broadcasting was strictly judged. However, the court’s position on ‘alteration of essential contents’ in nonᐨbroadcasting fields seems to be more broadly interpretable than ‘modifications deemed unavoidable’. However, there are no judicial precedents that provide specific criteria for ‘alteration of essential contents’, and it is necessary to watch the subsequent rulings.