문화상품의 유사성 판단을 위한 법학적 기반 연구

Abstract

Under the current law, the legal criteria or determining similarity between cultural products are appearance, concept, title and combination, and observation methods are based on objective, overall and time-difference approaches. These criteria and observation methods both involve judgement made from the perspectives of general consumers. Even though these specific jurisprudential bases do exist, similar disputes continue to arise. Against this backdrop, this thesis aims to identify the causes of such disputes in terms of design. By understanding and interpreting the current laws, four different perspectives on legal judgement will be suggested in view of design. First, when making a legal judgement on the similarity between cultural products, the judgement should be based on relationships, instead of how individual products are expressed. Second, such judgement should be made in full consideration of phonetic signs. Third, it is necessary to have methods and tools for sign analysis to analyze and determine similarity from the semiological perspective. Fourth, views of minority experts need to be reflected in the law while related systems should be improved. The current legal system is not perfect. Consequently, many disputes do occur and will continue to arise in the future. However, such legal imperfections will eventually provide momentum for creating better legal systems and advancing related theories.