[판례평석] 대법원 2015.8.27. 선고 2012다204587 판결 도라산역 벽화 사건

Case Study on the Dorasan Station in Korea

The aim of this article is to introduce the first case on the collision between the ownership of copyrighted works and the ownership of copyright to the readers. It is very difficult to clarify the relationship of the ownership of copyrighted works and the ownership of copyright from the viewpoint of Korean Legal System. Because two rights are the same effective as legal effect to the its own subject matter. The first case called as Dorasan Station Case is not the case on the copyright infringements that is harmed of the right of author, but on the case of tort of nation that infringed the general personnel right of national citizen by the national officer. The characteristic of the case is completely changed from infringement of the moral rights of Korean Copyright Act to the infringement the right of personality of Korean Citizen of tort law. It is very regrettable because the Korean Supreme Court has not the chance to review the legal maxim about the collision between the ownership of copyrighted works and the ownership of copyright, even though this was the first case in Korea.