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The Effect of Korus-FTA Chapter 18 (Copyright) on Korean Criminal Procedure

  • DONG-A LAW REVIEW
  • 2012, (54), pp.449-484
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

정재준 1

1미국 컬럼비아大 로스쿨 연구원 (Research Scholar at Columbia University School of Law), 법학박사

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ABSTRACT

Korea’s economic growth is truly amazing, considering that Korean trade has reached one trillion dollars and the per capita income of Korea is over 20,000 dollars. The federal trade agreement (FTA) to remove the custom barriers between South Korea and the United States of America and place the two countries on equal terms (i.e., KORUS FTA) reflects South Korea’s remarkable development. However, we should ensure that a few issues are resolved before we can expect this FTA with the United States of America to produce economic benefits. The United States of America has been fully prepared to agree on advantageous terms for the KORUS FTA, having established four prerequisites for contracting effectively with South Korea and presenting regular reports continually in the United States International Trade Commission (USITC). Many Korean scholars and experts in FTAs have pointed out that the KORUS FTA will accord more benefits to the United States of America than to South Korea. In light of public opinion, the opposition party was against the FTA. Nevertheless, the ruling party unilaterally agreed to the agreement, due to the belief in the importance of an alliance with the United States of America and that the potential future problems with the KORUS FTA would eventually be resolved. The United States of America, showing the strength of its patent possession, strongly demanded that intellectual property rights (copyright), health care, etc. be opened. Furthermore, it required the Korean government to revise legislations and draw up rules for conducting investigations and imposing criminal penalties according to the KORUS FTA. These clauses could contradict the Korean criminal law system and arouse controversy over criminal policies. Therefore, I examine the general characters and contents of the KORUS FTA (II). In this sense, this paper intends to suggest general alternatives and better choices (IV) after considering two controversial issues. One is the invalidating complaints about illegal copyright (III-1) and the other is the permission of transitory copies (III-2).

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