저작권 구성론

The Construction Theory of Copyright

This article is focusing on the construction theory of copyright. The construction theory of copyright is consist of monism and dualism(or droit double/double rights theory). First of all, in regard to Monism, it is made up of moral rights and economic rights which are inseparably related to each other and originated from copyright, has been adopted by Germany. Second, Dualism is theory that copyright comprises of moral rights and economic rights but they can be separate from each other for transfer, has been adopted by Korea and Japan, etc. But there is different views. None the less, the majotity insist that Korea copyright law was established under the Dualism. but Monism is a important theory for legislation of copyright law and it is desired that experts have a vigorous argument on this theme.