I downloaded a movie via torrent; can this constitute a violation of the Copyright Act?

The case you inquired about is a situation where a charge of violating the Copyright Act could become an issue.

A torrent program has a structure in which, while a file is being downloaded, part of it is automatically transmitted to other users (P2P sharing), so even if the user did not intentionally distribute it, there is room for an act of 'public transmission' or 'distribution' to be established.

Article 136, Paragraph 1 of the Copyright Act provides that the act of reproducing, publicly transmitting, or distributing a work without authorization is punishable by imprisonment for up to five years or a fine of up to 50 million won, and imprisonment and a fine may also be imposed together.

However, to actually receive criminal punishment, the key issue is whether there was 'intent,' that is, whether the user was aware of the transmission and distribution function.

If you were entirely unaware of the torrent structure and downloaded the movies merely for viewing, without any financial gain or commercial purpose, there is a possibility that the investigative agency will not recognize intent.

Therefore, if you have been contacted, it is important to clearly organize matters such as the circumstances of using the program, your lack of awareness of the automatic upload function, and the fact that there was no financial gain.

In addition, before the police investigation, consulting an attorney about the relevant materials and the direction of your statement to prepare consistent answers helps to defend against unnecessary criminal punishment for violating the Copyright Act.