저작권법상 온라인에서의 허락없는 번역물에 관한 시정권고 제도의 한계

The Limitation of Recommendations of Correction on Unauthorized Online Translations in the Copyright Act

Article 133-3 of the Copyright Act states that where the Korea Copyright Protection Agency, as a result of investigation into information and communications network of an online service provider, has found a fact that illegal copies, etc. have been interactively transmitted, it may recommend an online service provider to take corrective measures falling under the following subparagraphs, following deliberation by the Copyright Protection Deliberation Committee: 1. Warnings to reproducers or interactive transmitters of illegal copies, etc.; 2. Deletion and suspension of interactive transmission of illegal copies, etc.; 3. Suspension of accounts of reproducers or interactive transmitters who have repeatedly transmitted illegal copies, etc. . By the way, whether the above provision can be applied to translations separated from moving images is controversial. I think it is not reasonable that the Korea Copyright Protection Agency makes recommendations of correction on unauthorized online translations since it is difficult that the Copyright Protection Deliberation Committee determines substantial similarity, substitutability in market, etc. for derivative Works such as translations.