최근 들어 情報通信기술의 발전에 따라 著作權法上의 많은 문제가 야기되고 있다. 이들 중 학교교육의 변화에 따른 저작권법상 문제는 더욱 심각하다. 특히, 著作權法 제25조 제1항 및 제2항은 學校敎育의 목적에 이용하는 경우 저작권제한을 규정하고 있는 바, 이는 저작권자의 著作物을 보호하고 정보화사회에서 이에 대한 이용가능성을 보장하는 것인지 어떤지가 문제된다. 과거의 교육자료는 교과서가 중심이 되었으나, 情報化社會에서는 인터넷상의 원문자료(Text-book)에 의해 가능하게 되었다. 이에 따라 저작권소유자에 대하여 인터넷을 통한 學校敎育 목적상의 방송 및 전송에서 제한할 필요가 있다. 한편, 학교교육의 변화에 따라 電子교과서가 학교교육 과정에서 著作物에 해당된다고 할 경우, 발행부수 내지 그에 대한 가격산정 또한 전자교과서에 대하여는 저작권법상 합리적으로 조정되어야 한다. 나아가, 원격학교 등 교육시설(특별법상의 교육시설(저작권법 제25조 제2항))의 등장에 따라 동조에서 이를 규정하여야 할 것이며, 이에 이용되는 著作物이 누구의 것인가에 대하여는 敎育者의 共同著作物로 보아야 할 것이다. 이와 같이 정보화사회에 있어서 인터넷상 저작권소유자와 교육자 사이 저작권법 제25조를 둘러싸고 많은 충돌이 야기되고 있다. 이러한 문제들은 인터넷의 특성에 비추어 볼 때, 장차 넓은 범위의 영역에서 보호되는 방향으로 해결되어야 할 것이며, 정부차원에서도 著作權과 敎師의 敎育權 사이 충돌을 해결할 정책적인 배려가 요구된다.

Nowadays, many questions have been arisen on protection and restriction in Copyright Law by development of information and communications. All of them, school education is changing, but Korean Copyright Law doesn't meet the questions. On korean Copyright Law §1, one hand The law protects the copyright holder, the other hand it restricts the copyright in order to develop korean culture. In this circumstance, there are many questions on the conflict of the right of copyright holder and of copyright user. In particular, Korean Copyright Law §25②③ regulated the restriction of copyright on the point of using school education purposes in Korea. This is questioned in whether the regulation could warrant copyright writing and utilization possibility in information oriented-society or not. First, The question is variable of teaching and learning method. It is possible that teaching and learning method becomes variable by schoolbook and text-material through Information Communication Technology(ICT) in information oriented-society. Therefore, the right of copyright holder have to restrict at broadcasting and transmission in using school education. Second, education course and educating school book are changing. If the electronic school book includes in copyright writings to educating text book by education course change, circulation issue and price calculation need to be revised for electronic book rationally in Copyright Law. The last, new shaped-school, eg. the Remote School appears recently. If the Remote School[University] is an educational facility(Copyright Law §25② 'Educational Facility on Special Law'), the Article had better codify educational facilities by ‘elementary Education Law, advanced Education Law or life-long Education Law' on the present korean Copyright Law. Moreover, whose educational contents writing producted by remote education is owned. Remote education teaching must be a collaboration writing. Otherwise, the supervision and the control of University Authority infringe the freedom of education teaching and expression. In present Information Society, There are many conflicts between the copyright holder and the teacher(his education right) in the Copyright Law §25 by school educational circumstance variety(Remote School etc.) on Internet. These problems must solve to widen the protection extent on the Copyright Law §25 and futhermore governmental service need to solve the conflict between the copyright and the education right in the future.

Nowadays, many questions have been arisen on protection and restriction in Copyright Law by development of information and communications. All of them, school education is changing, but Korean Copyright Law doesn't meet the questions. On korean Copyright Law §1, one hand The law protects the copyright holder, the other hand it restricts the copyright in order to develop korean culture. In this circumstance, there are many questions on the conflict of the right of copyright holder and of copyright user. In particular, Korean Copyright Law §25②③ regulated the restriction of copyright on the point of using school education purposes in Korea. This is questioned in whether the regulation could warrant copyright writing and utilization possibility in information oriented-society or not. First, The question is variable of teaching and learning method. It is possible that teaching and learning method becomes variable by schoolbook and text-material through Information Communication Technology(ICT) in information oriented-society. Therefore, the right of copyright holder have to restrict at broadcasting and transmission in using school education. Second, education course and educating school book are changing. If the electronic school book includes in copyright writings to educating text book by education course change, circulation issue and price calculation need to be revised for electronic book rationally in Copyright Law. The last, new shaped-school, eg. the Remote School appears recently. If the Remote School[University] is an educational facility(Copyright Law §25② 'Educational Facility on Special Law'), the Article had better codify educational facilities by ‘elementary Education Law, advanced Education Law or life-long Education Law' on the present korean Copyright Law. Moreover, whose educational contents writing producted by remote education is owned. Remote education teaching must be a collaboration writing. Otherwise, the supervision and the control of University Authority infringe the freedom of education teaching and expression. In present Information Society, There are many conflicts between the copyright holder and the teacher(his education right) in the Copyright Law §25 by school educational circumstance variety(Remote School etc.) on Internet. These problems must solve to widen the protection extent on the Copyright Law §25 and futhermore governmental service need to solve the conflict between the copyright and the education right in the future.

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Information Society, Protection of Copyright, Restriction of Copyright, Digital-Writing on Internet, Fair Use, School Education Use, Remote School, Education Right, Electronic Textbook