Article 1022(2)and Article 563(1)of the Civil Code are coordinating relation rather than inclusion rela-tionship.The legislative intent of"just cause"in Article 1022(2)is to expand the exercise of rights scope of the person who holds the right to likeness over the image(licensor)rescinding the contract authorizing the use of the image by reason of defense.However,"just cause"should be narrowly interpreted by"causing severe mental harm"and a reasonable no-tice period of more than 60 days should be set in order to balance the interests of the licensee.When the contract authori-zing the use of the image is rescinded due to the reason attributing to the person holding the right to likeness over the image,he should provide the licensee with appropriate compensation rather than damages.In terms of specific application,if there are situations such as the purpose of the contract not being achieved due to force majeure,anticipatory breach of contract,delay in performance,fundamental breach of contract or other situations stipulated by law,the person holding the right to likeness over the image may apply Article 563(1)to rescind the contract authorizing the use of the image.If there are"just causes"other than those listed in Article 563(1),the person holding the right to likeness over the imagine may ap-ply Article 1022(2)to rescind the contract authorizing the use of the image.If the terms listed in Article 563(1)coexist with the"just cause"in Article 1022(2),the person holding the right to likeness over the image has the right to choose.Other than reasons such as the purpose of the contract not being achieved due to force majeure,unforeseen situations that lead to a change of circumstances,the performance of the contract has caused or is about to cause the person holding the right to likeness over the image severe mental harm,which constitute"just cause"in Article 1022(2),the person holding the right to likeness over the image may exercise the statutory right to rescind the contract authorizing the use of the image.
the contract authorizing the use of the imagelegal rescission rightjust causereason of defenseappro-priate compensation
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