한·중 FTA 서비스무역 협상의 법적 쟁점과 과제- 문화콘텐츠서비스산업을 중심으로 -

Abstract

Since the establishment of diplomatic relations between Korea and China, their bilateral relations have developed rapidly in many fields such as the economy, trade, investment and culture. As the Korea-China FTA has taken effect since December 20, 2015, it is expected that the economic relations between the two countries will be more intensified in the future. Therefore, research on the effective utilization of Korea-China FTA is not an optional but an indispensable element, which requires more interest and understanding of many. The current Korean cultural industry has a far-reaching influence over the whole world so much so that it is being called as ‘the New Korean Wave era’. Especially, the influence of Korean Wave in China has spread throughout its cultural contents service industry, and the popularity of Korean culture shows no sign of slowing down. Also, in order to recognize the importance of the cultural industry in the 21st century of culture and to jointly protect, nurture, and promote it to lead the commercialization and internationalization of the culture, the two countries agreed to create a cultural contents development venture fund worth of 200 billion won in September, 2015. In addition, they shared the view on the cultural development and protection of the two countries, including the contents on cultural cooperation in Chapter 17 of Korea-China FTA. However, due to various political influences in recent years, the Chinese government is putting a series of brakes on the Korean Wave industry and taking various legal and policy measures against foreign cultural contents services. In addition, infringement of intellectual property rights of Korean cultural contents and of publicity rights of the entertainment industry have reached a serious level, which is a dilemma behind the spread of Korean Wave. Also, with the development of new media such as satellite broadcasting and the spread of the Internet, illegal copying and theft of cultural products are occurring frequently. In the new era of the Korea-China FTA, it is impossible to neglect these issues and it is the time to study the future strategies to make the Korean Wave culture contents business as a chance to take a leap in the global stage through Korea-China FTA. Therefore, in order to improve the efficiency of Korea-China FTA and the development of cultural contents service industry, we will examine policies and legislations related to cultural contents service industry of China such as broadcasting and entertainment, sectoral regulations on foreign investment, and identify the issues of Korea-China FTA cultural contents service so that we can provide meaningful implications for the follow-up negotiations on the service sector of Korea-China FTA.