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Government Legislation

  • Amendment to the Enforcement Decree of the Copyright Act
    • Competent Ministry : Ministry of Culture, Sports and Tourism
    • Advance Publication of Legislation : 2020-05-29
    • Opinion Submission Deadline : 2020-07-08

(1) Reasons for Proposal

As the Copyright Act has been revised (Act No. 16933, promulgated on Feb. 4, 2020, and to be enforced on Aug. 5, 2020) to improve and specify the copyright registration and the procedures, etc., for the permit, report, and mediation of the copyright trust service, this amendment aims to prescribe matters delegated by the Act and necessary for the enforcement thereof.

(2) Major Provisions

A. Regarding copyright registration affairs 

1) As the Act has been revised to change the subject entity (related to the revision of Article 55 of the Act), which was prescribed as the Minister of Culture, Sports and Tourism (and entrusted to the Korea Copyright Commission), to the Korea Copyright Commission, change and improve the provisions concerned of the Enforcement Decree of the Act.

2) As the Act has been revised (related to the revision of Article 55 and the following of the Act) to establish the basis for returning registration and to stipulate the basis for ex officio correction/ex officio cancellation in the Act, which was previously prescribed in the Enforcement Decree thereof, stipulate the detailed procedures and change and improve the existing provisions.

B. Regarding the confirmation of “special type of online service providers,” establish the basis for entrusting the affairs of confirming whether the special type of online service providers introduced in accordance with the revision of the Act (related to the revision of Article 104 of the Act) implements technical measures to the Korea Copyright Protection Agency. 

C. Regarding the permit and reporting procedures for the copyright trust service, as the provisions of the procedures for permitting changes and reporting of a copyright agency or brokerage service have been raised from the Enforcement Decree to the Act (related to the revision of Article 105 of the Act), change and improve the provisions in the previous Enforcement Decree. 

D. Regarding the mediation system, as the system for “ex officio decision on mediation” has been established in accordance with the revision of the Act (related to the revision of Article 117 of the Act), the Enforcement Decree is revised to eliminate the “absence of the party concerned” among the reasons that the mediation is not established, which were stipulated in the previous Enforcement Decree, so that the ex officio mediation system can be effectively operated. 

E. Regarding the business suspension standards for the copyright trust service, as new reasons for the business suspension of a copyright trust service provider are added in accordance with the revision of the Act (related to the revision of Article 109 of the Act), add the content of the suspension standards of attached Table 2 of the Enforcement Decree. 



Regulatory effect assessment
  • 저작권법 시행령(규제영향분석서).hwp [download]
Legislative proposal (draft)
  • (법령안)저작권법 시행령 일부개정령(안).hwp [download]