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국방부가 연예병사들에게 초상권 등 ‘지적 재산권’ 포기를 요구한 것으로 알려져 논란이 일고 있다.
이데일리가 27일 보도한 바에 따르면 국방홍보지원대는 선발된 모든 연예병사에게 서약서를 받고 있는데 이중에 “홍보대원으로 복무 중 제작한 프로그램 등의 저작권, 초상권, 판매권 등 모든 지적재산권을 국방부가 소유하는데 동의한다”는 내용이 포함되어 있다.
국방홍보원은 연예병사들이 출연한 영화 등 영상제작물을 해당 연예병사의 팬클럽 회원 등 일반인들에게 팔고 있으며, 더불어 영상자료 저작권과 방영권 역시 판매하고 있다고 한다.
이를 통해 “국방부가 연예병사를 이용해 돈벌이에 나선 것이 아니냐”는 의혹이 일었다.
한 법조계 인사는 “재산권이 적극적으로 침해받을 경우 인권침해의 소지가 될 수 있다”고 지적했다.
그러나 이와 같은 논란에 대해 국방부의 한 관계자는 “해당 항목이 있는 것은 사실이나 이를 통해 막대한 수익을 올리고 있는 것은 아니다”고 해명한 것으로 알려졌다.
이 관계자는 2012년에 국방부가 영상 판매를 통해 벌어들인 수익은 약 36만8000원(13건)에 불과하며 이 중 연예병사가 출연한 것은 두 건 뿐이라고 설명했다. (코리아헤럴드)
<관련 영문 기사>
Military profited off entertainment soldiers: report
The Ministry of Defense is suspected of making a profit by selling videos made by its celebrity soldiers to their fans, an online news outlet in Seoul reported Friday.
According to the eDaily, all “entertainment soldiers” are required to take an oath to uphold their duties, and the fourth clause of the oath states that the soldiers should give up all the intellectual rights of products they make during their service. Entertainment soldiers are those serving in an army unit that provides TV and radio programming aimed at promoting the military.
The fourth clause reads: “I consent to the South Korean government (the Ministry of Defense) claiming all intellectual rights of those that I produce as a member of the Defense Media Agency, including copyright, selling rights, and rights to use my image (in the products).”
The eDaily claimed that the military sold films and other videos made by these celebrity soldiers to outsiders, mostly to their fans.
Some argued that the military is abusing its soldiers to make money.
A South Korean lawyer was quoted as saying that such breach of property rights can interpreted as violation of human rights. He pointed out that the constitution clearly states the country, if necessary, should minimize the violation of its citizens’ rights.
The DEMA said the cited clause had already been cleared by the legal experts at the Defense Ministry, according to the eDaily.
(khnews@heraldcorp.com)
Military profited off entertainment soldiers: report
The Ministry of Defense is suspected of making a profit by selling videos made by its celebrity soldiers to their fans, an online news outlet in Seoul reported Friday.
According to the eDaily, all “entertainment soldiers” are required to take an oath to uphold their duties, and the fourth clause of the oath states that the soldiers should give up all the intellectual rights of products they make during their service. Entertainment soldiers are those serving in an army unit that provides TV and radio programming aimed at promoting the military.
The fourth clause reads: “I consent to the South Korean government (the Ministry of Defense) claiming all intellectual rights of those that I produce as a member of the Defense Media Agency, including copyright, selling rights, and rights to use my image (in the products).”
The eDaily claimed that the military sold films and other videos made by these celebrity soldiers to outsiders, mostly to their fans.
Some argued that the military is abusing its soldiers to make money.
A South Korean lawyer was quoted as saying that such breach of property rights can interpreted as violation of human rights. He pointed out that the constitution clearly states the country, if necessary, should minimize the violation of its citizens’ rights.
The DEMA said the cited clause had already been cleared by the legal experts at the Defense Ministry, according to the eDaily.
(khnews@heraldcorp.com)
