방송출연계약의 법리 분석

Abstract

K-POP in the world is rapidly growing. Recently entertainment industry of Korea has received worldwide attention. Through an exclusive contract, the broadcaster will obtain an exclusive performer, who will advancing artistic skill and achieve popularity. What is the legal nature of the contract with employment contracts, contractors for work, and contracts of attorney can be considered. There are various forms of contracts for media appearances. If a performer signed a contract directly with broadcasters, can claim pay directly to the broadcaster. If the enterpriser, who signed an exclusive contract with a performer, based on the contract signed a contract for media appearances directly with the broadcaster, enterpriser and broadcasters are contracting parties. In this case, the broadcaster must give pay to the enterpriser, enterpriser to distribute this to the performers. The problem is, the enterpriser contracted as a agency for a performer a contract for media appearances with the broadcaster. In this case, agency principles are applied and legal effect of the contract involves a performer. Therefore a performer can claim pay directly to the broadcaster. In principle without consent of performer agency can not enter into a contract because of the inalienability of performer's benefit. When performers signed contracts with enterpriser or broadcaster, most are placed in a weak position in relation with them. The contracts for media appearances should be more clear and more transparent.