엔터테인먼트산업에 있어서 전속매니지먼트계약으로 발생하는 분쟁해결에 관한 연구 -조정제도를 중심으로-

Abstract

As the global positioning of Korea has much risen by Korean wave, it has been long since the frequent disputes over exclusive contracts of the leading role of the Korean wave, the entertainers, have received much attention not only from Korean fans but also internationally. The disputes due to exclusive management contracts occurring by the collision of various interests should be settled through proper solutions, and in particular, to discover a fair and efficient solution of disputes is what is surely needed for the development of entertainment industry. Therefore, it is intended to review the plans for utilization of 'the mediation system' as a plan to settle the disputes occurring due to emotional issues between the parties in relation to exclusive management contracts such as so-called slave contracts. Between the parties with an exclusive management contract, "confidentiality", "speed", "equity", "expertise" and so on are the elements of settlement of disputes that are certainly needed. Mediation is a way of settling disputes by selecting and appointing a fair third party as the mediator and by the parties' agreeing to the mediation plan which the mediator presents when it is difficult to autonomously settle the disputes between the parties. The general strong points of the mediation system are reduction of time and cost, guarantee of confidentiality, protection of privacy, guarantee of the right of self-determination, respect for emotions and feelings, maintenance of ties, creative settlement of disputes, flexible and atypical procedure, freedom from precedents and so on, and thus it can be said that the system is proper for settling these kinds disputes. Therefore, the rapid and economic settlement of disputes through mediation can protect the rights and interests of the parties and minimize various damages. For this reason, it is viewed that in order to revitalize the mediation system regarding disputes related to exclusive management contracts, it is needed to establish a special mediation institution and to thereby prepare all the environment for settlement of disputes, and it is also very important to expand the social consensus for the revitalization of mediation system at this point of time.