The Role and Responsibility of

Internet Intermediaries
in the Field of Copyright
in the Republic of Korea

Mr. Kiseok Oh
Senior Researcher
Korea Copyright Commission

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 "Online Service Provider"

 A person who provides others with

services that reproduce or interactively
transmit works, etc. through information
and telecommunication networks
 sysop, system operator, system
administrator of homepage ∙ blog etc.
 "Limitation on liability of
Online Service Providers"
Article 102

the liability of such online service provider for infringement by other

persons on copyrights or other rights protected pursuant to this Act
may be reduced or waived in those cases where such online service
provider prevents or stops reproduction or transmission thereof when
made aware that copyrights or other rights protected pursuant to this
Act would be infringed upon due to the reproduction or interactive
transmission of works, etc. by the other persons
online service provider's liability for infringement by other persons
on copyrights or other rights protected pursuant to this Act shall be
waived in those cases where such online service provider attempts to
prevent or stop reproduction or interactive transmission thereof when
made aware that copyrights or other rights protected under this Act
would be infringed upon due to the reproduction or interactive
transmission of works, etc. by the other persons, but it is technically
impossible to do so.
 " Liability of Special Types of
Online Service Providers "
Article 103

Special types of online service providers

: Online service providers whose main purpose is to enable
different people to interactively transmit works, etc.
among themselves by using computers, etc.
P2p service providers, web storage service providers etc.
shall take necessary measures such as technological measures
intercepting illegal interactive transmission of works, etc. upon the
requests of rights holders.
 Corrective Order (MCST)
Article 133-2

 Warning against reproducers/interactive transmitters

of illegal copies, etc.
 Deletion or suspension of interactive transmission of
illegal copies, etc.
 Suspension of the account(excluding email exclusive
accounts) of continual reproducer/interactive
transmitter who received more than three times
warning
 Suspension of the bulletin board system which received
more than 3 times order

Order
Annual Suspension
Categories Deletion or
Result Warning (Account &
Suspension
BBS)
Total 966 923 43 -
2010 Web 915 875 40 -
Storage
(until 12.
P2P 51 48 3 -
15. 2010) Portal site - - - -
Corrective Recommendation (KCC)
Article 133-3
 Warning against reproducers/interactive transmitters
of illegal copies, etc.
 Deletion or suspension of interactive transmission of
illegal copies, etc.
 Suspension of the account(excluding email exclusive
accounts) of continual reproducer/interactive
transmitter who received more than three times
warning.

Recommendation
Annual
Categories Deletion or Suspension
Result Warning Suspension (Account)
Total 80,094 40,293 39,710 91

2010 Web 77,670 39,081 38,498 91

Storage
(until 12.
P2P 2,018 1,009 1,009 -
15. 2010)
Portal site 406 203 203 -
Account Suspension
Order(MCST)

Account Suspension of alleged infringer

received warning from MCST more than 3
times
1

2
3

4
BBS Suspension Order(MCST)

Service suspension of BBS which is received

deletion order of illegal copies from MCST
more than 3 times
1

2
3

5
Corrective Recommendation
(KCC)

2
Thank You

netlaw@copyright.or.kr

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