한·미 FTA 이행을 위한 개정 저작권법에 관한 검토

Abstract

This paper is intended to critically review the revised copyright law for FTA between Korea and USA as to whether or not obligations for the agreement are faithfully carried out complying with its purposes and how added and newly established provisions affect existing laws rather than explaining the revised copyright law. The system of the Continental law highlights organizing and generalization for law and order. This is based on an idea which makes abstracted laws in advance and then applies it for specific incidents. However, Anglo-American law is basically skeptical for generalization of law and order. Although system of law apparently becomes distracted, it verifies the rights and obligations for people concerned respecting specific facts in terms of incidents and gradually progresses by accumulation of precedents. These differences need to be taken into account not only for interpretation and application but also for legislation. It's necessary to review how specifying the rights and obligations for specific issues in existing law system which are generalized and systematized is affected in terms of macroscopic views. In order to adopt foreign laws, I think that we need to fully customize them in our laws and then make efforts to make them ours.