국가연구데이터 관리 및 활용 촉진에 관한 법률제정안 고찰 - 데이터의 소유･활용 및 보호에 대한 법률적 쟁점을 중심으로 -

Abstract

The purpose of this paper is to examine the main contents of the National Research Data Management and Utilization Promotion Act (Draft) announced in September 2023, and then discuss legal issues on ownership, utilization, and protection of research data along with comparative legal analysis with related laws. As “Open Science” approach has established itself as a main research policy from a practical point of view, the 「Research Data Act (Draft)」 was announced as part of an effort to support it from an institutional point of view, but as various related laws on data ownership, utilization, and protection exist, it is necessary to add, modify, and supplement each provision of the「Research Data Act (Draft)」 through complementary discussions on various issues. First, in order to clearly define the legal nature of research data with discriminatory data characteristics, it is necessary to define and establish specific relationships for “research achievements” of the 「National R&D Innovation Act」, “public technology” of the 「Technology Transfer Promotion Act」, “data” of the 「Data Industry Act」, and “industrial property information”of the 「Industrial Property Information Act」. Second, it is necessary to review the legal principles of research data's copyright as a database or as an independent copyright. Third, it is necessary to specify and clarify individual provisions for the stable implementation of the 「Research Data Act (Draft), as well as to prepare a basis for delegation to subordinate laws if necessary.