Tue, September 25, 2018 | 21:49
Korean courts discriminates American copyrihgts
Date : 2014-07-05 / Hit : 4938

Discriminating against an American's copyright (multi-million dollars worth) by the Korean courts!



My audit report(a special reports for M&A, agreed-upon procedures) was registrated in the Korean Copyright Commission.

A Korean big business D Corporation got an undue profit of 50 million US dollars infringing my copyright. I raised a lawsuit against D Corporation

Korean courts dismissed the suit appling the civil law, not appling the copyright law.

The court decisions said "since additional works for the copyright is a prerequisite, and the evidence of additional works are short, dismiss this case".

The court decision are based on s false premise.

The prerequisite of the copyright must be "Creativeness", not additional works according to copyright law of Korea.

Korean copyright law are derived from Korean constitution, article 22(freedom of arts, academic freedom, etc).

The court decisions violated the Korean constitution, because the courts mis-applied the civil law to this case. I raised this case to Korean constitutional court.

There are many old sayings in Korea about the court decisions.
With Money No Guilt, No Money Guilt(in Korean 유전무죄 무전유죄; is listed in wikipedia of an encyclopedia). Hitting The Rock With Eggs(in case of law suit against a big business by a common people).

Korean people believe that reach men buy off judges, they always win law suits, without bribing nobody wins .

I imagine that my copyright case was dismissed with two reasons; one is foreigner, the other is no bribing to judge.

I have hold an American citizenship for 36 years living in Korea but renounced last year and get back a Korean citizenship not to be discriminated again by the Korea constitutional court in which also may be unfavorable to foreigners.

I am very sad as I was born in Korea.


How D Corporation earned 50 million dollars?

D Corporation had a plan to sell L product plant(400 million US dollars value) together with C product plant(5 million dollars value), which was attached to L product plant, due to similar production process.

But I, as a business consultant, suggested not to sell C plant, because C business will be a throw-in. D Corporation agreed to my suggestion.

However, somehow or other, in the description of all sales documents of L business, including sales contract, C business was a selling item. Only my audit report excluded C business, it was not a selling item.

The buyer, of course, asked for transfer of C business to them according to sales contract, but D Corporation said no, and showed my audit report which excluded C business from the selling items.

D Corporation might cheat to sell D and C business together, and get more money from the buyer, a German company.

C business is flourishing with annual sales of 20 - 30 million dollars for 15 years.

What a good country Korea is!

John Kim