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Copyright Act — Article 136 (Penalty provisions)

저작권법 제136조

This English translation is based on the Korean text effective 2025-09-26. The Korean law has since been amended (current version effective 2026-08-11) — check the Korean original.

(1) A person who falls under any of the following subparagraphs may be punished by imprisonment with labor for up to five years or by a fine not exceeding 50 million won, or may be punished by both: <Amended on Dec. 2, 2011; May 18, 2021>

1. A person who infringes on author’s economic rights or other property rights protected pursuant to this Act (excluding the rights under Article 93) by means of reproduction, performance, public transmission, exhibition, distribution, rental, or production of derivative works;

2. A person who violates the court order under Article 129-3 (1) without good cause.

(2) A person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for up to three years or by a fine of up to 30 million won, or may be punishable by both: <Amended on Apr. 22, 2009; Jun. 30, 2011; Dec. 2, 2011>

1. A person who defames the honor of author or performer by infringing on author's or performer's moral rights;

2. A person who files for false registration pursuant to Articles 53 and 54 (including cases applied mutatis mutandis pursuant to Articles 90 and 98) deceitfully;

3. A person who infringes on the right of a database producer protected pursuant to Article 93 by means of reproduction, distribution, broadcasting or interactive transmission;3-2. A person who violates Article 103-3 (4);3-3. A person who violates Article 104-2 (1) or (2) for his or her own business or for profit;3-4. A person who violates Article 104-3 (1) for his or her own business or for profit; provided, a person who, by negligence, has not known that such act causes or conceals the infringement of copyright or other rights protected pursuant to this Act shall be excluded herefrom;3-5. A person who commits an act falling under subparagraph 1 or 2 of Article 104-4;3-6. A person who violates Article 104-5;3-7. A person who violates Article 104-7;

4. A person who commits an act deemed an infringement pursuant to Article 124 (1);

5. Deleted; <Jun. 30, 2011>

6. Deleted. <Jun. 30, 2011>[Title Amended on Dec. 2, 2011]

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