콘텐츠산업 진흥법 제36조의 비밀유지의무규정에 대한 문제점과 검토 - 콘텐츠분쟁조정위원회 사례를 중심으로 -

Abstract

Mediation is a means of ADR(Alternative Dispute Resolution). And Confidentiality issue or Privacy protection is big merit of the characteristics of ADR. In Korea, Content Industry Promotion Act provided that “No person who conducts or has conducted affairs related to the mediation of a dispute of the Committee shall divulge confidential information he/she has become aware of in the course of performing his/her duty to any third person or appropriate it for any purpose other than the official purpose: Provided, That this shall not apply where expressly provided for otherwise in any other Acts.”(Article 36 Confidentiality) By the way The Content Dispute Resolution Committee(The CDRC) has provided Facilitation and Mediation process recently. But for the well conducting of confidentiality preservation, the CDRC must notify mutual confidentiality preservation to the parties from Facilitation process. And The CDRC should announce that those who are concerned in mediation process has no recording, no picture and videotape–taking in Mediation place. Also the category of persons whom have Confidentiality preservation obligation is so ambiguous that we need to enlarge the obligation to the 3rd party(mediator) and extra experts. And we should consider new article which provides “Unless otherwise agreed by the parties, the mediator and the parties shall not introduce as evidence or in any manner whatsoever in any judicial or arbitration proceeding”. There are about 50 or more Administrative Mediation Organizations In Korea but there is no criteria on mediation material keeping term owing to insufficient study on confidentiality preservation. The CDRC’s confidentiality preservation has legal exceptions. They are ACT on Testimony, Appraisal, etc. before the National Assembly, ACT on The Inspection and Investigation of State Administration and ACT on The Consumer Protection in Electronic Commerce, etc. For the energetic activities of Korea mediation organizations, it is important not only to raise the ability of mediators but also to provide enough physicalㆍlegal system environments for the protection of privacy and business confidentiality.