1. What are the principal sources of law and regulation relating to copyright and copyright litigation?
The principal source of law relating to copyright and copyright litigation is the Copyright Act.
The Civil Procedure Act applies to civil remedies for copyright infringement. The general provisions of criminal law apply to criminal sanctions for copyright infringement, while the Criminal Procedure Act applies to the investigation, indictment and trial procedures.
Court decisions are also recognised as an important source of law, although they do not have a binding effect as is the case in common law jurisdictions.
Since South Korea is a civil law jurisdiction, legislation prevails over case law. International treaties (although rarely cited) may prevail over domestic legislation, when they were adopted after domestic legislation.
2. In which courts is copyright enforced?