콘텐츠분쟁조정위원회의 중재제도 도입에 대한 고찰

Abstract

Contents industry that is based on imagination and creative ability is very important in Korea for it provides new high value-added products or services and new innovative business models. Creative Economy give us a heavy challenge to build “Trust Process” that prevent and solve disputes in new business ecosystem. So equitable and immediate dispute resolution system is very meaningful and key issue in development contents industry. Korean Government set up ‘Contents Dispute Resolution Committee(CDRC)’ in 2011 and that committee have managed 16,000 cases from that time to the end of 2015 and have provided ADR (mediation service not arbitration). This Activities of the committee is so successful that it contributes to fair contents industry ecosystem in Korea. But these days disputes cases in contents industry are increasing and there are some persons who wants to resolute disputes by arbitration not mediation. So I think it's a turning point to considerate to bring in arbitration rules into the committee. If CDRC adopts arbitration, it will use all ADR techniques like negotiation, mediation and arbitration and many contents corporations will make use of the ADR process more frequently. For contents disputes are so affordable to arbitration which gives fast track, strict confidentiality, low price and arbitrators are consisted of experts in law, technology, patents and so on. The Mediation system of CDRC is very effective in contents dispute resolution but if CDRC introduce arbitration and operate negotiation, mediation and arbitration process simultaneous, like WTO(World Intellectual Property Organization), it will support content business dispute resolution more amicably. Also it will be expected to contribute to contents industry in Korea. Contents Disputes are so affordable to arbitration, specially Korea branded Contents likewise K-POP, Drama have gone overseas so much that many international disputes on contents happens considerably. There was also some arbitration cases which managed entertainments disputes in Korea. This paper investigates some usefulness on arbitration and appropriateness of adopting arbitration rules to CDRC and check any other Korean and Foreign organization which provide mediation and arbitration at the same time. Conclusively I think that it's time to examine the adoption of arbitration in CDRC, and I hope this study will be a start point at this part.