저작권침해소송에 있어 민사소송법상 소송물(訴訟物) 특정과 관련 쟁점

If a work is different in a copyright infringement lawsuit, the infringed profit is different. Therefore, if the work at issue is different, the subject of the lawsuit will be different. In addition, the subject of the lawsuit is distinguished according to the Defendant's infringement. It is not easy to determine specifying identification of the subject matter of lawsuit in copyright infringement litigation in a case where several damages can be conceived according to one infringement of copyright infringement. Even in copyright infringement lawsuits, I positively view the application of the classic theory of the object of a lawsuit under the Civil Procedure Law in terms of legal stability. Assuming this attitude, it is reasonable in terms of consistency that not only to claim based on the moral rights of author’s and the property rights of author’s, but also to claim based on each branch rights of copyright included in author’s moral rights and author’s property rights, it is separated and different in the point of view that the object of a lawsuit, Furthermore, I think this point of view is reasonable in that it guarantees the party's right to request a trial and further increases the predictability of judges.