한ㆍ미 FTA와 저작권법상 형사처벌 규정의 문제점

Abstract

The Copyright law has developed as a law for protecting not only the press businesses but also the copyright holders and users. Even though the degree of protecting copyright holders and users is slightly different from each nation according to the legislation, the Copyright law was continuously expanded for coexistence of both rights. But as a result of KOREAㆍU.S. FTA, authors' rights are to be much more strengthed. In addition to the extension of copyright protection period, technical protection measures and access right have reduced the range of the uses of works, etc. Especially, There is a hot dispute in the learned circles and business circles in reference to problems of Criminal punishment regulations on Copyright law. Basically Even if we are able to enhanced Criminal punishment regulations to protect copyright, I think that the prosecutor may bring criminal litigations without complaint from the copyright owners only when copyright is infringed for profit and copyright infringement is related to the infringement of public good. Last,we needs more study not only on the copyright system of the U.S. and other country but also our realistic aspects for the sake of the better revision of our copyright law.