콘텐츠분쟁의 국제상사조정을 통한 해결에 관한 연구

Abstract

Recently, the Korean Wave has been spreading again, focusing on movies and music contents, creating a Korean Wave industry that consumes Korean contents and products such as tourism and shopping. On the other hand, as content exports expand, related disputes are also increasing, and such disputes are greatly increasing the pain that Korean companies have to endure. Until now, international content disputes have been resolved through international arbitration that guarantees neutrality and international enforcement power, but recently faced complaints and criticism from users due to delays in arbitration procedures. As a result, companies need more efficient and faster dispute resolution measures, and international commercial mediation is drawing keen attention as a dispute resolution procedure suitable for the characteristics of such international content disputes. In addition, UNCITRAL recently adopted the Singapore Convention to overcome the limitations of international commercial mediation due to the lack of international enforcement of the settlement agreement through mediation. In other words, there is now a social and institutional foundation for revitalizing international commercial mediation, such as increasing demand for international commercial mediation and ensuring international enforcement of reconciliation agreements through mediation. Consequently, international commercial mediation will solidify its status as an effective dispute resolution procedure to resolve international disputes along with international arbitration based on existing New York Conventions. If an environment is created to quickly resolve content disputes at a low cost through international commercial mediation, it will reduce the burden of international trade disputes for Korean content companies. To this end, we must first identify the international trends surrounding international commercial mediation and rush to work on it so that it does not lag behind other countries. Specifically, the ratification of the Singapore Convention should be rushed, followed by legislation for the implementation of the Convention in Korea, and the establishment of a mediation institution and the enactment of rules for mediation. It is another way to foster and support our content industry by reducing the burden and pressure of our content companies due to international disputes through the revitalization of international commercial mediation. Therefore, the introduction and activation of international commercial mediation in the content industry is essential, which will allow the Korean Wave to continue.