연예인과 관련된 분쟁에서 중재제도의 활용에 관한 소고

Abstract

The growth of recent entertainment industry is being very quickly, and creating the astronomical wealth. It has positive aspects of industrial growth but also negative aspects with the dispute increased as the scale of profit. So it is necessary to find the rational solution for the dispute. Generally, the best solution for the dispute is the mutual agreement of the parties, and then the parties mutually agreed by the third party, and the last option is that the parties determine through the judge or the dispute settlement procedure. However, in case of such ways impossible, it should be solved by the court process. The last resort to solve entertainment disputes in Korea is mostly made by litigation, and not the other solutions highly considered. Some problems are indicated to solve entertainment disputes through litigation. First, it is indistinct which law theory should be applied as impossible to make the general definition of legal nature of the entertainment contract. Second, it is hard for the entertainer to prove the causal relationship to be the relative weak for the judgment without recognizing the industrial nature of entertainment, and that the solution of decisiveness through the litigation gave the parties no satisfaction. Therefore, the need of finding the solution more reasonably than through litigation has become influential, the solution of disputes presented for such a reason is the alternative dispute settlement system. The arbitration is newly presented solution as it is quick, and economic for the problems such as the delayed solution of disputes, excessive cost, technical intractability of court proceeding indicated as the entertainment litigation problems, and the inappropriateness and expertise of court proceeding for specific disputes, and fit to the specific solution of disputes. The arbitration is characterized by the possibility not to employ the lawyer,reduce the procedure according to the fact finding solved by the mutual agreementof the parties than the law about evidences, exclude the possible court intervention in the dispute resolution process, respect the decision of the parties, make the free dispute solution with minimum solution of disputes, help the trade secret information or the personal secret maintain with a rule to put the privacy in secret. And, it has the merit to be used even in the international entertainment dispute in the future. The reason why the alternative dispute settlement system is recently being gotten more sympathy and continuously discussed on its use even in the Fair Trade Commission is because it is expected to offer the parties more harmonious means. To grope for the new way to solve the dispute means also that our values are being changed. Therefore, some specific way is not fit to all the dispute solutions, but it is right to select the relevant solution according to disputes and parties’ characteristics. When selecting the relevant conflict resolution, it is necessary to consider the relationof parties, financial situation,need for confidentiality, urgency for conflict resolution, etc. Therefore, it is not desirable to depend absolutely upon the discretion of the court though the conflict was occurred, and it is thought more suitable and reasonable for the parties in the entertainment industry to use the alternative dispute settlement system for the specific conflict resolution, the active use of which will be necessary for the entertainment conflict.