Changes in Unfair Contract Practices After Lee Wooyoung's Death
In the lawsuit over the copyright of the comic "Black Rubber Shoes" between the late creator Lee Wooyoung and the publisher, the appellate court ruled that Hyeongseol—the character business arm of Hyeongseol Publishing—must pay 40 million won in damages to the bereaved family. This overturns the first trial, which had ordered the family to pay 74 million won to Hyeongseol&.
On November 20 last year, Lee Jihyun, the wife of the late Lee Wooyoung, the creator of the comic "Black Rubber Shoes," submitted a complaint to the Mapo Police Station in Seoul regarding copyright infringement of "Black Rubber Shoes" against Hyeongseol Publishing. Photo by Yonhap News
According to Yonhap News on August 28, the Seoul High Court Civil Division 4 (Presiding Judge Kim Woojin) ruled against Hyeongseol& and CEO Jang Mo in their damages claim lawsuit against the bereaved family. In the counterclaim filed by the family for an injunction on copyright infringement, the court ordered, "Hyeongseol& and CEO Jang Mo must pay 40 million won to the family." The court also declared that the previous business rights contract between Hyeongseol& and Lee Wooyoung was no longer valid, stating, "Hyeongseol& must not produce, sell, or distribute any creative works depicting the characters from 'Black Rubber Shoes.'" This effectively means that the copyright for "Black Rubber Shoes" will be returned to the bereaved family.
Serialized in "Boy Champ" from 1992 to 2006, "Black Rubber Shoes" is a comic set in 1960s Seoul, humorously depicting the lives of elementary school student Giyeong, middle school student Gicheol, and their family. The comic's popularity led to a TV animation adaptation, earning it the status of a "national comic." In 2007, Lee Wooyoung signed a contract with Hyeongseol& to transfer "all business and contract rights related to the work" to the publisher, after which the publisher monopolized the "Black Rubber Shoes" character business.
However, when Lee Wooyoung published a comic book featuring "Black Rubber Shoes" characters, the publisher filed a lawsuit in November 2019, claiming that Lee had breached the contract and engaged in unauthorized creative activities, seeking damages of approximately 280 million won. In July 2020, Lee Wooyoung filed a counterclaim for an injunction on copyright infringement.
Changes in Unfair Contract Practices Following Lee's Death
As the trial dragged on and tensions escalated, Lee Wooyoung suffered from severe stress and ended his own life in March 2023. It was reported that before his death, he submitted a statement to the court saying, "'Black Rubber Shoes' is my entire life and my soul." Following his death, there was a movement in the publishing industry to protect creators' rights, sparking a wider societal debate about the issue of unfair contract practices.
On November 9, 2023, the first trial court ruled, "The business rights contract for 'Black Rubber Shoes' between Lee Wooyoung and Hyeongseol& is no longer valid." However, it also ordered Lee Wooyoung's side to pay 74 million won to the publisher for copyright infringement that occurred between the time the contract was signed and November 2018, when Lee expressed his intention to terminate the contract.
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