Arbitration or mediation procedures may be filed to resolve copyright disputes.
Arbitration of Disputes- If intending to take a copyright dispute to arbitration, the application for arbitration indicating the following matters shall be submitted to the Korea Copyright Commission (Article 133-2(1), (6) of the Copyright Act, and Article 59-2(1) of the Enforcement Decree of the Copyright Act).
· The name and address of the person concerned (include the legal representative’s name and address, if any)
· Purpose and reason of the application
- If filed for arbitration, the Korea Copyright Commissioner shall nominate an arbitration committee for the mediation (Article 113-2(2) of the Copyright Act).
- The arbitration committee may suspend the mediation proceedings if the committee considers it impossible to resolve the dispute through the procedures. The arbitration will be considered to be suspended by filing a petition for mediation for the corresponding dispute (Article 113-2(3), (4) of the Copyright Act).
- After the conclusion of arbitration, the arbitration committee shall prepare the x-document of mediation to be signed and sealed or signed by the committee, and the parties concerned (Article 113-2(5) of the Copyright Act).
- The conclusion of arbitration will be as effective as reconciliation under Civil Act (Arbitration of Disputes by the Korea Copyright Commission).
Arbitration of Disputes- If intending to file the copyright dispute for arbitration, the arbitration application form indicating the purpose and reason shall be submitted to the Korea Copyright Commission (Article 114-2(1) of the Copyright Act).
- After receiving the application, the Korea Copyright Commissioner shall nominate the arbitration department and send the application to the arbitration department (Article 61(3) of the Enforcement Decree of the Copyright Act).
- If required for dispute mediation, the arbitration department may request the person concerned, his/her legal representative or shareholder to appear, or ask for submission of related documents (Article 62(1) of the Enforcement Decree of the Copyright Act).
- In principle, the arbitration department shall proceed with the case within three months after its application. After completing the arbitration, the arbitration department shall prepare and submit a mediation proposal to the person concerned (Article 61(4), (5) of the Enforcement Decree of the Copyright Act).
- The arbitration shall be concluded after the parties indicate agreed matters on the conciliation protocol (Article 117(1) of the Copyright Act).
- If falling under any of the following cases, the arbitration department, comprising more than three committees, may make a decision instead of conciliation by its official authority (hereinafter referred to as “Decision of Compulsory Arbitration by One’s Authority) in consideration of the parties’ benefits and other matters, unless they go against the application purposes. In this case, the arbitration department head shall meet the qualifications stipulated under subparagraph 2 of Article 112-2(2) of the Copyright Act (Article 117(2) of the Copyright Act).
1. If a party refuses to comply with the arbitration department’s proposal without justifiable reasons.
2. If the estimated price for dispute conciliation is under KRW 10 million.
- When the arbitration department makes a conciliation decision by its authority, it must indicate the order and reason for the written decision. Then, all committees shall sign and seal the written decision and promptly send the original copy to the parties (Article 117(3) of the Copyright Act).
- Any person who disobeys the conciliation decision may raise an objection in writing to the arbitration department within two weeks after receiving the original copy of the written decision. The filed objection shall clearly specify the reason for disobedience. In this case, the decision shall lose its effect (Article 117(4) of the Copyright Act).
- Any of the following cases shall be as effective as reconciliation in court. However, matters that the parties cannot arbitrarily dispose of are not as effective as reconciliation in court (Article 117(5) of the Copyright Act).
1. If conciliation results show that the parties reached an agreement
2. If no objections have been raised on the conciliation decision by the official authority.