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동일성유지권에 있어서 ‘동일성’ 개념에 대한 재고찰

원문정보

Reconsideration on the concept of 'integrity' in the right of integrity

김형렬

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초록

영어

The author shall have the right to preserve the integrity of content, form and title of his work. it is the right of integrity which is one of moral rights. or it is called as right to respect for the work. The right of integrity is the right to object to any distortion, mutilation or other modification of the work. In order for the right of integrity to be infringed, it is necessary to show that there has been modification and thereby derogatoriness of integrity of the original work. so the concept of 'integrity' in the right of integrity is important. by the way, the problem is that some people have other opinions about the concept of 'integrity'. the author is the person who created works which shall mean creative productions in which the ideas or emotion of human beings are expressed. therefore author's personality has been embodied in his work. and author receive protection for his moral or spiritual interests under copyright law. therefore I think that we must understand the right of integrity through the concept of the link between author and work. that is, we should discriminate between 'absolute integrity' focused on only modification of work(traditional concept of integrity) and 'relative integrity' focused on the relation of author and work, and consider the meaning of 'integrity' of the right of integrity as 'relative integrity'.

목차

Ⅰ. 서론
 Ⅱ. 동일성유지권의 의의
  1. 동일성유지권의 개념
  2. 동일성유지권의 성질
 Ⅲ. 전통적인‘동일성’개념
 Ⅳ.‘동일성’개념에 대한 새로운 접근
  1. 문제의 제기
  2. 개별 사안에 대한 검토
 Ⅴ. 결론
 참고문헌
 

저자정보

  • 김형렬 Kim, Hyoung-ryel. 경희대 강사, 법학박사

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