데이터베이스와 데이터의 보호에 관한 연구－ 보호 및 활용 활성화의 조화를 중심으로 －

Abstract

With the occurrence of the technological convergence and hyperconnectivity phenomenon of the machines, the data regarding these matters are increasing and more interest has been attracted to the big data technology that could systematically construct and use these data. It is not only important to protect the efforts to construct the database that results from the applied big data technology but it is also important in revitalizing these uses. In this paper, each country’s works in protecting the efforts to construct the database and also South Korea’s current state and the latest precedents will be reviewed. Through this, it will exam whether South Korea has any gaps in its protection and if there is a gap, whether there are any possible measures to improve this matter. To harmonize between the protection and the revitalizing uses, it will also examine whether there are any exceptions to the data object and its protection under the preexisting law. More specifically, latest debate on data protection and growth of the bio-industry under the view of Copyright Law and Personal Information Protection Act and relaxing the protection of data under the view of Fair Trade Law will be considered and implications will be deduced from these issues.