Open Net Secures Non-Prosecution Through Legal Support for Citizen Criminally Charged Over Posting a Mural Volunteering Review

Open Net provided legal support to a citizen who was criminally charged with copyright infringement for posting a personal blog entry about a mural-painting volunteer activity, successfully leading to a non-prosecution decision by the prosecution on December 17, 2025.

The accused, Ms. Kim (surname withheld), participated in a mural-painting activity for aging rural houses after being invited by a youth cooperative conducting a local project in Gimje City. Believing the activity would be a positive and memorable experience, she painted the mural with a friend. The activity was unpaid volunteer work, and the mural was painted on a non-commercial building. On this basis, Ms. Kim believed there would be no legal issue and created the mural by referring to images publicly available online. In April 2021, she posted photographs on her personal blog documenting the mural-painting process and the completed mural.

However, approximately three years later, in November 2024, an illustrator claimed that his copyright had been infringed and demanded compensation of KRW 4 million from each of Ms. Kim and her friend, totaling KRW 8 million. Ms. Kim, an ordinary homemaker, repeatedly explained that she could not afford such a sudden and excessive settlement demand, but the illustrator refused to settle for any lesser amount. Ultimately, in March 2025, a criminal complaint was filed against her for alleged copyright infringement.

This case satisfies the requirements for fair use under Article 35-5 of the Copyright Act, which requires a comprehensive consideration of factors including: (1) the purpose and character of the use, (2) the nature of the copyrighted work, (3) the amount and substantiality of the portion used, and (4) the effect of the use on the current or potential market or value of the copyrighted work. In this case, Ms. Kim’s use was non-commercial and served a public-interest purpose, and there is no indication that the mural replaced the complainant’s work in the market or reduced demand for it. Taken together, the conduct clearly constitutes fair use under the Copyright Act.

Open Net supported the submission of legal opinions focusing on these issues, and as a result, the police concluded on June 26, 2025 that no copyright infringement had occurred and decided not to forward the case to the prosecution. Although the original copyright holder filed an objection and the case was subsequently sent to prosecutors, the prosecution ultimately issued a final non-prosecution decision on December 17, 2025.

While the case fortunately concluded without prosecution, Ms. Kim suffered severe psychological distress for a prolonged period after being subjected to excessive settlement demands by the illustrator. Even in such minor copyright cases, criminal complaints continue to be abused, with complainants demanding disproportionate settlement payments in exchange for withdrawing charges.

The creative labor protected by copyright law undoubtedly deserves respect. However, the indiscriminate filing of criminal complaints regardless of the severity of the case undermines the original purpose of the copyright system. The reality in which criminal copyright enforcement functions as a means of “settlement profiteering” must be addressed.

Open Net has consistently worked to defend individuals against so-called “copyright settlement profiteering.” In 2021, Open Net provided legal support to a social worker who was criminally charged with defamation for publicly warning about an illustrator who demanded copyright settlements from multiple non-profit organizations; that case also resulted in a non-prosecution decision. Nevertheless, criminal copyright infringement provisions continue to be exploited by some creators and legal professionals as a revenue model for extracting settlements.

It is now necessary to amend the Copyright Act to limit criminal punishment to cases involving commercial intent or those in which copyright holders suffer substantial, quantifiable economic harm. Open Net will continue its legal support and advocacy efforts to protect citizens from the abuse of copyright law.

Korean Version Text