Supreme Court Confirms Fine for Architect in Case of Design Imitation of Gangneung Terarosa Cafe Building

[Asia Economy Reporter Kim Hyung-min] The architect who copied the building design of the famous cafe 'Terarosa Coffee' in Gangneung, Gangwon Province, has been found guilty.

The Supreme Court's 3rd Division (Presiding Justice Kim Jae-hyung) announced on the 10th that it upheld the lower court's ruling sentencing architect Kim (48), who was indicted for copyright infringement, to a fine of 5 million won.

The court stated, "The Terarosa Coffee building not only embodies functional or practical ideas but also reflects the creator's individuality, thus qualifying as a work protected under copyright law."

Kim was prosecuted on charges of imitating the Terarosa Coffee building when he was commissioned in March 2018 to design a cafe in Sacheon, Gyeongnam Province.

In court, Kim argued that the Terarosa Coffee building lacked creativity as it could be seen in other buildings and denied copying the design.

However, the first trial recognized the similarity between the cafe built by Kim and Terarosa Coffee and sentenced him to a fine of 5 million won.

The court emphasized regarding the Terarosa Coffee building, "The construction is difficult and the space utilization is inefficient, which is unrelated to its purpose or function," and added, "It is recognized as a work with aesthetic creativity in its overall appearance as a design form considering the beauty of the exterior."

The court acknowledged the aesthetic creativity based on factors such as the reinforced concrete slab of the exterior walls and roof continuing in a curve without interruption, the connection of the first and second-floor windows on the left side of the building, and the entire front facade being constructed with glass windows giving a transparent feeling.

This judgment was confirmed by the Supreme Court after going through the second trial.

This content was produced with the assistance of AI translation services.