디지털콘텐츠 거래실태 및 공정거래환경 조성방안

Abstract

Depending on the recent development of digital technology, has increased the importance of online distribution, market power of the company, complete with facilities such as online network in which is larger. This not only requires that the previous fair trade disciplines slightly different principle to be improved, are artificial, simple structure regulation, that is not a regulated manner to split or arbitrarily released to the industrial structure , and to construct a fair trade environment, countries using the legal system, looks good method to solicitation by presenting an appropriate reference. In general, in order to regulate the inequitable conduct on the Fair Trade Act, but has placed a criminal punishment provisions, this is a global trend, currently, is legislation in Chapter 14 penalties Fair Trade Act to have. However, although the content industry Promotion Act of how such whether measures necessary to prevent the unfair trade in digital contents areas have been enacted enforcement, see the problem of law and institutions, fair trade environment creation also of atmosphere I appear to lack. In order to restrictions on unfair trading of at least content field is create an environment of appropriate criteria presented and fair trade is necessary. In order to achieve the objective purpose, it is necessary to re-establish a system through the revision of the content industry Promotion Act, Article 24 and Article 25. When this paper these needs is to consider the problems of protection legislation of the current digital content of the Fair Trade level, there is a purpose to seek their legal protection scheme. To achieve this, it first looks at the background and status of the digital content protection, derived by looking at the issue of the status of the current legal digital content, and want suggestions about drafting laws for the digital contents from fair trade dimension. Therefore, this paper plans to overhaul the legal issues and look at the consultation process and at the same time prevent unfair competition desirable for establishing fair trade of digital contents, think about what the party makes its look and opportunities.