저작권 남용의 통제 - 변호사 윤리를 중심으로 -

The Control of the Abandonment of Copyright - Focusing on Lawyer’s ethics -

The very nature of legislation for protection by copyrights is not only to seek individual benefits of copyright holders but also to protect their creativity while enhancing public interests so that more people can take advantage of them. In order to achieve this, reasonable and balanced arrangements required between copyright holders and users. Where copyright holders unduly exercise their copyrights and their lawyers perform active intervention in legal proceedings, the court should also be active in reviewing restrictive provisions in the copyright law and judging whether copyright holders filed illegal litigations and rules punishment or criminal penalty against copyright holders and their lawyers in accordance with the lawyer act and related regulations for self-purification so that they can contribute to the original purpose of the copyright act‘to protect the rights of authors and the neighboring rights and to promote fair use of works in order to contribute to the improvement and development of the culture and related industries.’ This thesis reviewed precedent research as a means of restriction on the abandonment of copyrights and introduced practical cases based on experiences by the author with respect to software copyright infringement to analyze stand points of related judicial precedents, and review and emphasize how to restrict such abandonments in terms of lawyer’s ethics under the assumption that legal representatives of copyright holders tend to facilitate such abandonments.