교정시설의 교화방송과 저작권

The aim of this paper is to examine the relationship between correctional broadcasting of Correctional Institution and copyright in Korea. The headquarters of correctional institution conducts edification broadcasting for prisoners in correctional institution. There are also broadcasts produced in-house, but most of them are used broadcasting works of broadcasters, which are protected by the Korean Copyright Act. Even though there is a public purpose or interest in edification broadcasting in Korea, the government must obtain the consent of the copyright holder to use the copyrighted works, which are the property of such individual. The reason is that the government that wants to use the works of others in the socialization broadcasting is not a public authority but a private economic subject. This can be said to be an attitude established through the rulings of the Korean Supreme Court. However, the works currently used in correctional facilities are used without the author's consent, or the legal basis is not sufficient. Of course, the legal basis for the enlightenment broadcasting could be ADMINISTRATION AND TREATMENT OF CORRECTIONAL INSTITUTION INMATES ACT and Article 29 of the Korean Copyright Act. The former act, however, has a legal question as to whether it is a violation of the principle of legal reserve. And even if it is based on Article 29 of the Copyright Act, the correctional instituion uses the works of others too generically and widely, which are also considered to be inconsistent with the legislative purpose of the Copyright Act. It is an intention to write this paper to clarify my opinions on these points.