SNS상의 저작권침해 유형과 경미한 저작권침해에 대한 형법의 자제

Abstract

It is true that the perceptions on copyright by the general public has been enhanced compared to those in the past. However, this is due to the fear of being sanctioned, rather than being derived from understanding of copyright. To the general public, the concept and contents of copyright is still difficult to understand, and the guideline to determine infringement of copyright is unfamiliar. Understanding on social standard as perception by plain outsider level is sufficient to the general public, But practically, further perception is demanded to the public. Of course, these problems are regarded as improving gradually by education and public relations activities, but potential copyright infringement by SNS users are higher than in any other time, as SNS is routinized in life recently. The origin of problem is that our Copyright Act criminally penalizes copyright infringement issue rather than determining as civil illegality. Especially, as the copyright infringement crime pursuant to Copyright Act is established if act of commitment is just recognized. the juveniles as main user of SNS are facing direct threat from criminal punishment. In this regard, this thesis categorizes the copyrights infringed by SNS in detail, and presents the realistic guidance to limit establishment of crime for minor copyright infringement. Recently in the National Assembly, there was an revision proposal for Copyright Act that sought to limit punishment on crime based on the amount of casualty. This thesis clearly expresses disagreeing position based on the argument of weaker confidence on social standard as well as actant’s incapacity to determine the result of elementary requirements, and tries to resolve this problem by presenting concrete guidance to determine the degree of illegality based on the viewpoint of substantial illegality. Henceforth, in this thesis, copyright infringements on SNS are categorized as transmission after copying, making links, making secondary literary work and parodies. And these were classified again into author’s property right infringement and author’s moral right infringement, to present guideline to limit establishment of crime. In case of author’s property right infringement, this thesis presents purpose of infringing behavior, category and intended use of works subject to infringement and the damage from infringement, as the concrete guideline for applying principle of minor infringement, These guidelines can be intrinsically meaningful in that these are not just created from the brainwork by the author, but are based on the Copyright Act. Meanwhile, in case of defamation due to author’s moral right infringement, this thesis borrowed the purpose of criticism as the extraordinarily subjective illegality factor as an analytical theory rather than de lege ferenda, to restrict the applicability of the Criminal Act.