동일성유지권의 침해요건

Requirements of infringement in the right of integrity

The Author is the person who created works which shall mean creative productions in which the ideas or emotion of human beings are expressed. Therefore author's personality has been embodied in his work. and author receive protection for his moral (or personal) interests under copyright law. That is to say, the author shall have the right to preserve the integrity of content, form and title of his work. This is the right of integrity which is one of moral rights and right to the integrity of the work or right to respect for the work. In order for the right of integrity to be infringed, the following conditions must be satisfied. (i) modification and derogatoriness of integrity: First, there has been a modification of work and thereby the original work has been damaged. (ii) recognition of essential features: second, nevertheless, the essential features of original work should be able to be recognized. this is the major opinion about requirement of infringement in the right of integrity. But minor opinion is slightly different in the concept of 'integrity'. In other words, minor opinion insists that we must understand the right of integrity through the concept of the link between author and work. I agree to the opinion in principle. So I think that we should discriminate between absolute integrity focused on only modification of work and relative integrity focused on the relation of author and work, and consider the meaning of 'integrity' of the right of integrity as relative integrity. In addition to previously mentioned requirements, I think one more requirement is needed. it is that modification has been adverse to author's will (or intention). and I oppose the opinion that 'honor or reputation' requirement should be included in requirement of infringement in the right of integrity.