(1) Except as provided in Articles 23 through 35-4 and 101-3 through 101-5, where a person does not unreasonably undermine an author's legitimate interest without conflicting with the normal exploitation of works, he or she is entitled to use such works. <Amended on Mar. 22, 2016; Nov. 26, 2019; Aug. 8, 2023>
(2) In determining whether an act of using works falls under paragraph (1), the following matters shall be considered: <Amended on Mar. 22, 2016>
1. Purposes and characteristics of use;
2. Types and purposes of works;
3. Amount and substantiality of portion used in relation to the whole works;
4. Effect of the use of works on the existing or potential market for the works or current or potential value thereof.[This Article Added on Dec. 2, 2011][Moved from Article 35-3 <Nov. 26, 2019>]