South Korea’s Supreme Court has ruled that the Korea Institute for Curriculum and Evaluation (KICE) violated copyright law by posting exam questions containing literary and artistic works on its website without proper compensation. (Image courtesy of Yonhap)
SEOUL, Aug. 5 (Korea Bizwire) – South Korea’s Supreme Court has ruled that the Korea Institute for Curriculum and Evaluation (KICE) violated copyright law by posting exam questions containing literary and artistic works on its website without proper compensation.
The court’s decision, made by the Third Division under Justice Noh Jeong-hee, upholds a lower court’s partial ruling in favor of the Korea Copyright Commission for Literary and Artistic Works (KCLAW) in a damages lawsuit against KICE.
KCLAW had demanded 17 million won in compensation, arguing that KICE infringed on copyright holders’ transmission rights by making exam questions from 2009 to 2019 freely available for viewing and download on its website. These questions included 155 copyrighted works such as poems, novels, and artworks.
KICE contended that its use of published works for educational purposes fell within fair use practices under copyright law. However, the appeals court disagreed, stating that while using copyrighted material in exams was acceptable, posting the questions online after the tests exceeded the law’s intent.
The court emphasized that publishing exam questions after completion should be limited to what is necessary for fair grading and providing results. It warned that unrestricted publication could potentially replace the demand for original works.
Consequently, the Supreme Court ordered KICE to pay 10 million won in damages to KCLAW, affirming the appeals court’s decision.
In its ruling, the Supreme Court noted, “KICE’s actions could significantly substitute market demand for these works or damage their market value.” It suggested that paying usage fees for posting exam questions online would strike an appropriate balance between providing educational resources and protecting authors’ legitimate interests.
This verdict overturns the initial trial court’s decision, which had sided with KICE. The lower court had argued that publishing exam questions served the public interest by ensuring equal learning opportunities for students and maintaining transparency in test administration.
M. H. Lee (mhlee@koreabizwire.com)
