Lack of Mention of 'Interference with Creative Activities' Also Regrettable
Business Rights Still Attributed to Hyeongseol Publishing
"Caution Against Some Public Opinions Claiming the Issue Is Resolved"
The Lee Woo-young Writers' Incident Countermeasure Committee welcomed the Ministry of Culture, Sports and Tourism's corrective order on 'Black Rubber Shoes' but raised doubts about its effectiveness. They expressed regret over the lack of mention of insufficient enforcement power and interference with creative activities.
On the 17th, the Ministry of Culture, Sports and Tourism issued a corrective order to Jang Jin-hyeok, CEO of Hyeongseol Publishing and Hyeongseol & Co., regarding 'Black Rubber Shoes,' ordering him to stop unfair practices and pay undistributed profits to the late writers Lee Woo-young and Lee Woo-jin. According to the order to cease 'refusal to distribute profits,' CEO Jang must return the undistributed investment profits. Additionally, appropriate income from ongoing licensing projects must also be distributed. The ministry confirmed unfair terms in contracts between copyright holders and ordered changes. CEO Jang must revise contract terms, including resetting validity periods in consultation with writer Lee Woo-jin and others. Furthermore, he must submit evidence proving compliance by September 14.
The Lee Woo-young Writers' Incident Countermeasure Committee stated, "Objective evidence was needed to prove that the contract was unfair to the late writer Lee Woo-young during his lifetime," adding, "The 'confirmation of unfair contract' contained in the ministry's corrective order is important in this regard. Without informing each individual about the unfairness, the unfairness was confirmed through an investigation by an authorized institution." They emphasized, "Now we can officially use the term 'unfair contract' and call on people to unite and fight together," and stressed, "Artists need an institution that can officially recognize contract terms without tragic events like 'someone's death.'"
The issue is effectiveness. The sanctions for non-compliance with the corrective order are limited to a fine of up to 5 million won and suspension or exclusion from financial support for three years. The Lee Woo-young Writers' Incident Countermeasure Committee said, "This is not the ministry's responsibility but a limitation of the 'Artist Rights Protection Act,'" while insisting, "Improvements are needed to better protect creators effectively."
They also pointed out the absence of mention of 'interference with artists' creative activities.' Reports received through the 'Artist Complaint Center' emphasize 'interference with creative activities' based on Article 13, Paragraph 1, Subparagraph 3 of the 'Artist Rights Protection Act.' CEO Jang filed a criminal complaint against the late Lee Woo-young, Lee Woo-jin, and others, and initiated a civil lawsuit demanding 387 million won in damages. He claimed that showing the 'Black Rubber Shoes' animation to children at a rural experience farm run by the two writers' mothers constituted copyright infringement and that unfair orders and interference deprived them of creative freedom. There is no mention of this in the corrective order. The Lee Woo-young Writers' Incident Countermeasure Committee expressed concern, saying, "This could set a precedent that interference with creative activities by private businesses is not illegal."
There is still a long way to go. The business rights still belong to Hyeongseol Publishing, and the civil lawsuit that has lasted five years, alleging copyright infringement by the late Lee Woo-young, has yet to be decided. Free creative activities by writer Lee Woo-jin and the bereaved family are practically impossible. The Lee Woo-young Writers' Incident Countermeasure Committee stressed, "The incident is entangled in multiple layers of unfair contracts. We caution against some public opinion that claims all problems have been resolved by the ministry's corrective order." They pledged, "We will boldly continue the work we must do until copyright contracts are normalized."
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