Copyright Act, economic rights, program provisions and infringement remedies

In force since 29 Jun 2007.

A copyright: the exclusive rights rule binding public and private bodies.

Instrument type: an act of a legislature

What it requires

Treat a computer program work as a work the Act protects (Article 4(1)(9)); the Act does not protect the programming language, protocol or algorithm used to prepare a program (Article 101-2).
Obtain the author's permission to reproduce a work, transmit it in public, distribute its original or copy, or produce and use a derivative work based on it (Articles 16, 18, 20 and 22).
If you use a program with legitimate authority and cannot easily obtain the information needed for compatibility, you may decompile its program codes without the rights holder's permission, limited to the part necessary for compatibility, and you may not use the information obtained for another purpose, provide it to a third party, or build substantially similar programs from it (Article 101-4).
If you possess and use a copy of a program with legitimate authority, you may reproduce the copy to the extent necessary to provide against its destruction, damage or deterioration (Article 101-5(1)).
Expect to be asked to stop an infringing act and, where the infringement was intentional or negligent, to answer for damages; the profit you gained is presumed to be the damages sustained (Articles 123(1) and 125(1)).
Infringing author's economic rights by reproduction, performance, public transmission, exhibition, distribution, rental or production of derivative works is punishable by imprisonment with labor for up to five years or a fine not exceeding 50 million won, or both (Article 136(1)(1)).

These lines are LexLint's reading of the law's text.

What this law does

Drafted with AI

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 4(1)(9) lists computer program works among the examples of works the Act protects. Article 101-2 provides that the Act does not apply to the programming language, protocol or algorithm used to prepare a program. Articles 16, 18, 20 and 22 give the author the right to reproduce a work, the right to transmit it in public, the right to distribute its original or copy, and the right to produce and use a derivative work based on it.

Article 101-4(1) allows a person who uses a program with legitimate authority to decompile its program codes without the permission of the rights holder, limited to the part necessary for compatibility, where the person cannot easily obtain the information needed for compatibility and obtaining it is inevitable.

Article 101-5(1) allows a person who possesses and uses a copy of a program with legitimate authority to reproduce the copy to the extent necessary to provide against its destruction, damage or deterioration. Article 123(1) allows a holder of copyright to demand that a person infringing the right suspend the act. Article 125(1) presumes the profit an intentional or negligent infringer gained to be the damages the rights holder sustained.

Article 136(1)(1) punishes infringement of author's economic rights by reproduction, performance, public transmission, exhibition, distribution, rental or production of derivative works with imprisonment with labor for up to five years or a fine not exceeding 50 million won, or both.

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Page updated 5 November 2026.