중ㆍ고등학교시험문제와 저작권 - 서울중앙지법 2006. 10. 18. 선고, 2005가합73377 판결(항소)

A Study on the copyright on the questions for examination in the high school in Korea

&nbsp;&nbsp;The questions for examination in the high school are copyrightable subject matter according to the Korean Copyright Act and the Korean Supreme Court. The decisions of the Korean Supreme Court dealing with the problem of who the creator is and when the copyright arises in the questions for examination are correct in my opinion. Copyright arises automatically when an author creates a work and the ownership of copyright belongs to the creator according to the Korean Copyright Act. The former is the Creation-Principle, the latter, Creator-principle. The Korean Copyright Act does not impose the two administrative submission requirements- deposit of copies and registration unlike the American Copyright Act.<BR>&nbsp;&nbsp;The Korean Supreme Court regards the questions for examination in high school to test the achievement of the students as the copyrighted works. According to the decision of the Seoul Central District Court, the questions for examination to test are copyrighted works and works for hire. The Seoul Central District Court distinguishes the questions of public high school from those of the private high school. The copyright of former belongs to the local government that hires the high school teacher, but the copyright of latter belongs to the teacher who makes up the questions.<BR>&nbsp;&nbsp;I don&quot;t agree with this opinion. Because I can&quot;t find radical differences between the aim of education in the public high school and that of the private high school in Korean society.