일본 근대 저작권 사상이 한국 저작권 법제에 미친 영향 : 출판권을 중심으로

Abstract

The first Korean copyright law was enacted on January 28, 1957, as the No. 432 act. In contrast, Japan already established the copyright law in 1889, and the year 1999 was the 100th anniversary of its copyright law. Unlike these days, there didn't seem to be any consensus among Japanese people about the protection of copyright in 1899. Then there are several questions about that. What urged Japan to legislate for that at that time? How did the philosophical circumstances of Japan that urged the legislation of the copyright law affect our legislative system of copyright? What is the prototype of the Japanese copyright law that remains in our copyright law?The purpose of this study was to examine the impact of the modern copyright thought of Japan on the Korean legislative system of copyright. It's specifically meant to focus on the right of publication to shed light on the past, present times and future of publication. As a result of making an investigation, there was something behind the scenes when Japan enacted the copyright law in 1899. That was the unequal treaty that the country had no choice but to make with Western countries. Our country received Western studies in a secondhand manner through Japan during Japanese occupation, and it seemed that contemporary Korean people got used to the term copyright when they were exposed to Japanese books, etc. espite such a historical background, Korean publishing companies still put "Copyright reserved" or "Copyright". All rights reserved" on the colophon, and this practice should urgently be rooted out. In addition, the practice is premodern and behind the times. There is already no sign of this practice in the Japanese copyright law, although that country introduced it at first. Indeed, the Japanese copy right law still remains influential in the area of the right of publication in our country. To get rid of it, a paradigm shift is required in consideration of Korean publication culture, and intensive research efforts should be made to facilitate the establishment of future-oriented law and systems that prize the value of 'books' that have long made a splendid contribution to human culture for thousands of years.