불법행위의 구제방안으로서의 원상회복에 대한 검토

• 영문명: A Study on the Restitution as a Remedy for Tort
• 발행기관: 세창출판사
• 저자명: 한지영(Jee Young Hahn)
• 간행물 정보: 『창작과 권리』2010년 겨울호 (제61호), 105~132쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.12.01

영문 초록

An owner of an art work is liable for transformation without copyright owner's permission. In that case, although copyright owner can claim restitution well as damage, restitution is granted in very restricted circumstances and made by a few limited measures. Because in torts, restitution is an exceptional measure of remedies. A precedent held transformation without permission constituted defamation and the copyright owner can request a correction notice, but he is not entitled to restore the work. Without being placed in the position in which he would have been if the breach had not been occurred, the copyright owner cannot be sufficiently protected. This article shows the way for copyright owner to generally request restitution by considering it as an injunction. A court can order prohibiting someone from doing some specified act or commending someone to undo some injury. Because infringement to copyright is similar to the ownership of work, copyright owner is entitled to require injunction and it includes the right to request infringer to make correction. This right is not originated from tort but the property itself. In this point of view, a court can order the owner of the work who transforms the work without copyright owner's permission to remove the changed part and restore the work even though it dose not constitute tort.

목차

Ⅰ. 문제의 제기

Ⅱ. 대상판결

Ⅲ. 연구

Ⅳ. 결론

참고문헌

Abstract

키워드

불법행위 손해배상 원상회복 금지청구권 저작인격권 명예훼손 tort damage restitution injunction moral right defamation