The Decline of the Prosecution Organization and the Challenges of the Cultural Industry

The Decline of the Prosecution Organization and the Challenges of the Cultural Industry

In recent years, the prosecution organization has faced numerous challenges and witnessed a decline in its structure and functioning. Former senior prosecutor, in his passionate article, highlights the reasons behind this downfall. He explains that many prosecutors, including himself, left the prosecution not to earn more money but because they felt that their roles were diminishing. With the increasing difficulty of the lawyer market, prosecutors who failed to get promoted to the position of prosecutor-general started resigning and leaving the prosecution. This practice has gradually diminished, and more prosecutors now complete their tenure before retirement. The fixed number of positions in the prosecution system, as determined by the Prosecutors' Office Act, naturally leads to a decrease in new appointments when there are fewer retiring prosecutors.

This issue of the declining prosecution organization connects with another prominent issue in the cultural industry—the controversy surrounding the copyright of the graphic novel "The Black Rubber Shoes." The author, Lee Young-il, who was responsible for the story of the work, and the late author Lee Woo-young, have been in a dispute over the copyright issue. Lee Young-il claims that Lee Woo-young misunderstood or misinterpreted the contract when it was signed with the publisher. In an interview with Chosun Ilbo on March 20th, Lee Young-il stated that Lee Woo-young seemed to have changed his mind after agreeing to all the conditions. Furthermore, Lee Young-il subtly hinted that Lee Woo-young engaged in unilateral activities related to "The Black Rubber Shoes" without consulting him, the original story writer. On the other hand, the publisher, Hyungseol, strongly denies any responsibility in this matter. Before signing the contract with Hyungseol, there was already significant conflict between Lee Woo-young and Lee Young-il. Hyungseol mediated the conflict through the business and character copyright contracts. They also claim that they did not benefit significantly from the "The Black Rubber Shoes" related business and that Lee Woo-young bears more responsibility in the lawsuit against him. Both the Ministry of Culture, Sports, and Tourism and the Korea Communications Commission oppose the legislation of the "Cultural Industry Fair Trade and Cooperation Act," citing the impact it would have on the industry. Considering the nature of the industries under the respective ministries' jurisdiction, it is understandable that the existing industrial structure's influence and industrial relationships can easily be reflected. However, opposing the legislation on the grounds that it could cause industrial damage due to specifying the minimum requirements for maintaining equitable relationships and compliance with ethics between cultural industry capital and creators in the field of culture and arts is, in a way, implicitly acknowledging that a certain hierarchy needs to be established for the cultural industry to survive as an industry. Of course, whether this law is genuinely effective and whether it can have a significant impact when actually enacted are separate issues.

As mentioned in the above article, the "Act on Guaranteeing the Status and Rights of Artists" has been in effect since 2022. This law prohibits unfair practices against artists and provides detailed criteria for unfair practices in its enforcement decree. Currently, the enforcement decree mainly includes embezzlement, unfair trade condition setting, undue interference, refusal or delay of profit distribution. The "Cultural Industry Fair Trade and Cooperation Act" bill distinguishes types of prohibited acts in the main text rather than in the enforcement decree. It also includes specific prohibited acts related to intellectual property rights, compensation, and remuneration. In the actual scene of various relationships, such as copyright contracts, and in the process of resolving conflicts, it is essential to ensure the "agency" that allows creators to stand on an equal footing as much as possible. Only then can numerous rights, including copyright, be exercised appropriately. If policymakers claim that the rights of creators are important, it is necessary to ensure the participation and implementation of cultural and artistic creators in the process of decision-making, discussion, and execution of actual policies. Furthermore, it is crucial to establish a connection with activist organizations that consistently work together to address these issues and seek solutions.

To address the challenges faced by the prosecution organization and the cultural industry, here are three actionable pieces of advice:

1. Strengthen the role and responsibilities of prosecutors: Efforts should be made to redefine the roles and responsibilities of prosecutors within the legal system. This can include providing them with more opportunities for professional development, enhancing their autonomy, and ensuring their fair promotion and retirement processes.

2. Establish a fair and transparent system for copyright disputes: To avoid conflicts and disputes like the one surrounding "The Black Rubber Shoes," there should be a well-defined and transparent process for copyright agreements and contracts. This can help protect the rights of all parties involved and ensure a fair distribution of benefits.

3. Foster collaboration and dialogue between policymakers and stakeholders: Policymakers should actively engage with artists, creators, and industry professionals to understand their needs and concerns. This collaboration can lead to the development of effective policies and regulations that address the challenges faced by the cultural industry.

In conclusion, the decline of the prosecution organization and the challenges faced by the cultural industry are interconnected issues that require attention and action. By strengthening the role of prosecutors, establishing fair systems for copyright disputes, and fostering collaboration between policymakers and stakeholders, we can work towards addressing these challenges and creating a more robust and equitable legal and cultural landscape.