강기봉, "저작권법상 양벌규정의 해석과 적용에 관한 연구", 한양법학 제32권 제4집(통권 제76집), 한양법학회, 2021.11, 211~233면.
[목차]
Ⅰ. 서 론
Ⅱ. 양벌규정과 단서규정의 입법 배경
Ⅲ. 양벌규정의 적용 요건
Ⅳ. 업무주 처벌의 독립성 및 형량
Ⅴ. 결 론
[영문초록]
The Copyright Act provides for the joint penal provisions in Article 141. As a result, the legal person or the individual employers may be fined for violating the rights under Copyright Act by their representatives or employees. In relation to the joint penal provisions, there was controversy over whether the legal person could be subject to criminal responsibility and on what legal bass fines under the joint penal provisions could be imposed. Following the unconstitutional decision on the joint penal provisions of the Constitutional Court, the act was amended to impose conditions on the obligations of the owner to pay careful attention to employees in order to punish.
And, as a requirement for the application of Article 141, it is necessary to review the subject of punishment, the personal scope of the employees, the scope of their work on the premise that their actions are related to the business of a corporation or individual employers in addition to these personal scopes, the scope of infringement to which the joint penal provisions apply, and the duty of business owners.
In addition, in relation to the independence and level of punishment for business owners, it is also necessary to examine a possibility of independent punishment for business owners, whether a separate complaint for business owners is required, whether business owners can exercise the right to indemnity for the employee, whether the level of corporate punishment should be raised, and the impact relationship related to reinforcement of civil remedies.
So, in this paper, we reviewed the legislative background of the joint penal provisions and the proviso provisions in Article 141, examined the application requirements of the proviso provisions in detail, and then looked at the independence and level of punishment for business owners under the proviso provisions.
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