77 'Geomjeong Gomu Shin' Projects... Author's Share Barely 12 Million Won

Committee on Measures: "Unfair and Ineffective Contract"
Civil and Criminal Lawsuits Also Restrict Writers' Creative Activities

It has been claimed that the late Lee Woo-young, the artist behind the popular 1990s comic 'Gomjeong Gomu-shin,' earned only 12 million won in revenue from commercialization royalties over 15 years.

Kim Sung-joo, spokesperson for the Lee Woo-young Case Countermeasure Committee (hereafter the Committee) and a lawyer at Deoksu Law Firm, stated in an interview with Yonhap News on the 23rd, "Over the past 15 years, more than 77 commercialization projects related to Gomjeong Gomu-shin have been undertaken," adding, "Yet the total amount actually received by Lee Woo-young was only 12 million won, and it is even unclear under what name the payments were made.”

The artist had been conducting various business ventures after signing a business rights contract and transfer memorandum with the character company Hyeongseol & in 2007, together with the original creators of Gomjeong Gomu-shin. However, for several years, Lee had been involved in conflicts over copyright issues and was known to have expressed emotional distress to those around him.

In 2019, he engaged in legal disputes over profit distribution with co-authors of the comic, and in 2022, ahead of the release of the animation film ‘Gomjeong Gomu-shin: My Happy Home,’ he raised issues claiming that the character agency created secondary works without his permission.

During this process, he lamented being excluded from business activities related to secondary works such as animations and games as the original author, and even expressed frustration over not being able to freely use the Gomjeong Gomu-shin characters.

At that time, Hyeongseol & claimed, "Lee Woo-young’s statements are false," asserting, "We are conducting business based on the business rights contract with the original creators, having been delegated all rights related to derivative works and all secondary business rights."

The 2022 release "Theatrical Version Black Rubber Shoes: My Happy Home" [Image source=Naver Movie]

The Committee holds the position that the contract with Hyeongseol & is a seriously unfair contract and therefore invalid. Committee spokesperson Kim stated, “According to the contract, Hyeongseol & can commercialize Gomjeong Gomu-shin works comprehensively, without limitation or time restriction,” adding, “The contract is unfair and invalid because it sets no contract period and grants permanent business rights, does not specify the business content or types, lacks any consent procedure from the original author, and effectively transfers comprehensive rights without compensation.”

In a statement submitted to the court during his lifetime, the artist appealed, “Products featuring Gomjeong Gomu-shin characters began to flood major retailers like Lotte Mart and Homeplus. (Omitted) I could only smile outwardly while crying inside. I laughed like a madman when I saw the settlement statement sent to me by Hyeongseol & showing an amount of only 56,700 won from Lotte Mart’s revenue.”

Lawyer Kim also pointed out the issue of Hyeongseol & CEO Jang persuading the artists to register himself as a co-author of the nine main characters of Gomjeong Gomu-shin, despite not having created the characters. This is fundamentally invalid and constitutes an infringement of moral rights and false registration.

The Committee has identified that Jang was listed as an author despite not being involved in the creation of key Gomjeong Gomu-shin characters such as Gi-young and Gi-cheol. Gomjeong Gomu-shin was drawn by the Lee brothers, Lee Woo-young and Lee Woo-jin, with Lee Young-il responsible for the writing.

Copyright law stipulates that “the author is the person who created the work and holds moral and economic rights over their work.” According to the Ministry of Culture, Sports and Tourism, even if copyright is transferred, moral rights remain with the author, while the transferee obtains economic rights.

Furthermore, according to the Committee, at the time of the commercialization contract, Hyeongseol & agreed not to interfere with the artistic activities of Lee Woo-young and Lee Woo-jin. However, in 2019, Jang and Lee Young-il suddenly filed a damages lawsuit claiming that the artist had conducted individual creative activities without their permission.

Attorney Kim Sung-joo, Deoksu Law Firm [Photo by Kim Sung-joo]

Lawyer Kim explained, “While the artists’ creative activities were tied up in civil and criminal lawsuits, business proceeded with projects such as the animated film and collaboration products with Lotte Mart,” adding, “The prolonged litigation over four years appears to have caused the artist significant suffering.”

Kim emphasized, “To prevent such tragedies from recurring, there needs to be an improvement in contract culture,” and added, “Contracts should reflect respect for the work’s rights and humane respect for copyright holders.”

The Committee plans to hold a press conference on the 27th to discuss ways to improve creators’ rights through the standard webtoon contract, and amendments and supplements to the Comics Promotion Act, the Artists’ Rights Protection Act, and the Copyright Act.

Yonhap News stated, “We attempted to contact Hyeongseol & for their position again but were unable to reach them.”