Claim for damages following copyright infringement 
Remuneration for damages regarding infringement of copyright
- A holder of author’s economic right may claim a person that has infringed author’s economic right by intention or gross negligence for remuneration for damages incurred for oneself due to the infringement (Article 750 of the “Civil Act” and Article 125 of the “Copyright Act”).
Calculation of damages and amount of damages
- Presumption of amount of damages
· Where the holder of author’s economic right or other rights protected under this Act claims remuneration against a person who has infringed on his or her rights intentionally or by negligence for damages sustained from the relevant infringement, if the infringing person has gained any profit by his or her infringement, the relevant amount of profit is presumed to be the amount of damages sustained by the holder of author’s economic right, etc. (Article 125(1) of the “Copyright Act”).
- Guarantee of minimum remuneration
· Where the holder of author’s economic right, etc. claims remuneration against a person who has infringed on his or her rights intentionally or by negligence for damages sustained from the relevant infringement, the amount corresponding to that normally gained by an exercise of such rights is made as the amount of damages sustained by the holder of author’s economic right, etc., and a claim therefor may be made (Article 125(2) of the “Copyright Act”).
· Notwithstanding the above, where the amount of damages sustained by the holder of author’s economic right, etc. exceeds the amount that can generally be received by exercising the right, a claim for such exceeding amount may be made (Article 125(3) of the “Copyright Act”).
- Presumption of negligence
· Any person who has infringed on copyright which is registered is presumed to have been negligent in the relevant infringement (Article 125(4) of the “Copyright Act”).
- Acknowledgment of amount of damage
· When the fact is admitted that some damages have been done, but it is difficult to estimate the amount of damage, the court may acknowledge a considerable amount of damage, in the light of the purport of pleading and the results of evidence examination (Article 126 of the “Copyright Act”).
- Claim for statutory damages (Article 125-2 of the “Copyright Act”)
· A holder of author's economic right, etc. may claim considerable damages within the scope of up to ten million won (50 million won in cases of intentionally infringing rights for profit) for each work, etc. whose right is infringed in lieu of the actual amount of damages or the amount of damages determined pursuant to Article 125 of the “Copyright Act” or Article 126 of the “Copyright Act” against a person who has infringed on rights intentionally or by negligence before a trial proceeding of the relevant is concluded.
· When the regulation above is applicable, compilation works and derivative works which use two or more works as their material will be deemed a single work.
· In order for the holder of author's economic right, etc. to make a claim pursuant to the regulation above, relevant works, etc. should be registered pursuant to the regulations of Articles 53 through Article 55 of the “Copyright Act” (including cases applied mutatis mutandis under Article 90 and Article 98 of the “Copyright Act”) before the act of infringement occurs.
· In receipt of a claim, the court may recognize a considerable amount of damages within the scope under the regulation above in consideration of the purport of defense and the results of evidence examination.
Claim for restoration of reputation, etc.
Claim for restoration of reputation, etc.
- An author or performer may demand of the person who has infringed on the author’s moral right or performer’s moral right willfully or by negligence to take measures necessary for the restoration of his or her reputation in lieu of or together with remuneration for damages (Article 127 of the “Copyright Act”).
Protection of author’s moral interests after death
- After the death of an author, his or her bereaved family (referring to the surviving spouse, children, parents, grandchildren, grandparents, brothers and sisters of the deceased author) or the executor of his or her will may claim suspension of infringement (Article 123 of the “Copyright Act”) from a person who has infringed or has concern of infringing the author’s moral right if the author was alive (Article 128 of the “Copyright Act”).
- After the death of an author, a demand for restoration of his or her reputation from a person who has infringed on author’s moral right intentionally or by negligence or would infringe on author’s moral right if the author was alive (Article 128 of the “Copyright Act”).
Infringement of right of joint works
Infringement of right of joint works
- Each author of a joint work or each holder of author’s economic right to a joint work is entitled to make the demand (Article 123 of the “Copyright Act”) without the consent of other authors or other holders of author’s economic right, or to claim remuneration for damages to his or her share in a joint work regarding the infringement on author’s economic right (Article 125 of the “Copyright Act”) (Article 129 of the “Copyright Act”).
Right of demanding suspension, etc. of infringement
Right of demanding suspension of infringement
- A copyright holder may demand of a person infringing his or her rights to suspend such act (Article 123(1) of the “Copyright Act”).
※ Right to remuneration pursuant to copying at a library (Article 31 of the “Copyright Act”), and other use for school education purposes (Article 25 of the “Copyright Act”) is excluded.
Preventive measures of infringement or security for remuneration for damages
- A copyright holder may demand a person likely to infringe on his or her rights to take preventive measures or to provide a security for remuneration for damages (Article 123(1) of the “Copyright Act”).
※ Right to remuneration pursuant to copying at a library (Article 31 of the “Copyright Act”), and other use for school education purposes (Article 25 of the “Copyright Act”) is excluded.
Demand for destruction of the objects made by the act of infringement, etc.
- A copyright holder may demand destruction of the objects made by the act of infringement or other necessary measures for demanding suspension of infringement, preventive measures of infringement, or security for remuneration for damages (Article 123(2) of the “Copyright Act”).
Provisional seizure and provisional disposition
- For a demand for suspension of infringement, preventive measures of infringement, or security for remuneration for damages, or in the case where a criminal indictment has been filed, on request of a plaintiff or accuser, the court may, with or without security, issue an order to temporarily suspend the act of infringement, or seize the objects made by the act of infringement, or to take other necessary measures (Article 123(3) of the “Copyright Act”).
- Where a final judicial decision was made that no infringement of copyright has been made for the above, the applicant has to pay remuneration for the damages caused by his or her request (Article 123(4) of the “Copyright Act”).