장애인의 정보접근권과 저작권 - 디지털 시대의 장애인복지에 관한 사회적 모델의 적용 -

Abstract

The conflict between the right to information access of the disabled and copyright is a fundamental topic that induces contemplation on the purpose and nature of copyright law. The inherent limitations in copyright and human rights perspectives make inevitable exceptions and limits on copyright for the purpose of ensuring access to information of the disabled. Provided that the concept of a social welfare model for the disabled is embraced, new alternative techniques for the disabled require cutting the barriers of copyright. The current copyright law followed by numerous amendments has allowed more effective exceptions for the visually impaired who have difficulty in accessing information and has begun to serve the intended purpose with the newly revised library law. However, the copyright holder or publisher, the National Library of Korea, and the disabled (facilities for the disabled) are like the three legs of a tripod, and thus the right to information access of the disabled will be significantly infringed if the balance among the three is lost. Because it is a constitutional requirement to protect the rights of the disabled, the task of finding and maintaining the balance cannot be compromised, however difficult it may be. At this point in which there is a great discussion about the nature of copyright law, reflecting on the limitations on copyright in light of the right to information access of the disabled will not only serve to resolve the problem of the right to information access of the disabled, but also contribute to the ongoing discussion on the nature of copyright law.