Korea Copyright Commission’s good offices and mediation regarding copyright dispute
- Any person seeking for good offices for dispute settlement may apply for good offices by filing an application including the following matters with the Korea Copyright Commission. (hereinafter referred to as “Commission”) (Article 113-2(1) of the “Copyright Act” and Article 59-2(1) of the “Enforcement Decree of the Copyright Act”).
· Names and domiciles of the persons concerned (where there is an agent, including the name and domicile of the agent)
· The purport of and reasons for the application
- The Korea Copyright Commission has a mediation committee with 1 or 3 members for mediating copyright disputes (Article 114(1) of the “Copyright Act”). One of the members has the qualifications of an attorney. Currently, within the Commission, there are a total of 11 mediation committees, 7 settlement committees each with 3 members and 4 exclusive committees with 1 attorney each.
- Mediation is established when both parties specify the agreed terms and conditions on the report, and this has the effectiveness equivalent to a reconciliation in court. Therefore, in the event that the other party does not fulfill the agreed terms and conditions, compulsory execution is possible without additional trial procedures.
- In the event that mediation is not reached within three (3) months of the submission of mediation request to the Commission, or a mediation party does not accede to the attendance request of the Commission without justifiable reason, the mediation fails to be established, and in other circumstances, it is processed as withdrawal, not established, dismissal, or rejection.
- As one type of the ADR (Alternative Dispute Resolution) system that induces reconciliation between parties through the assistance of the mediation committee formed by 1 to 3 professionals representing the legal field, academia, and the industry, it is an affordable, democratic, convenient dispute resolution system that is undisclosed in which the privacy and honor of parties can be protected.
- A person intending to receive mediation of dispute regarding copyright shall submit a mediation application with the purport and reasons for the application to the Korea Copyright Commission.