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TITLE Supreme Court Decision 2010Da79923 Decided April 26, 2013 【Injunction against Infringement upon Authors’ Rights】 [full Text]
Summary
[1] Where a work is modified within the scope of author’s explicit or implicit consent, whether it constitutes violating the author’s right of integrity (negative); and what is the test to determine whether the author who formed a publication contract consented to modification
[2] Where an author consents to work modification in a publication contract within the scope of complying with an administrative disposition, whether a contract party’s work modification pursuant to administrative disposition constitutes an invasion upon the author’s right of integrity if administrative disposition is unlawful but it has no ground to be void ab initio (negative)
[3] Where Eul corp. formed a publication contract with Gap, produced textbook with Gap’s manuscripts, corrected its part according to the Minister of Education, Science, and Technology’s correction direction, published, and distributed it, the case holding that the above correction is within the scope Gap consented and it does not constitute invasion on Gap’s right of integrity
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