온라인 중개 플랫폼 이용계약에서 공정거래질서 확립에 관한 연구 -디지털콘텐츠 중개 표준계약서의 개정방안을 중심으로-

Abstract

The digital content industry is a high value-added industry and a basic industry for all industries. Therefore, continuous support is needed for the continuous growth and development of the digital content industry, but it is more necessary to create a foundation for self-growth and development in the market. Therefore, it is essential to establish a fair trade order in order to establish a virtuous cycle of fair profit allocation, investment, and development of high-quality digital content. One of the measures is to create a fair contract culture, and the government has prepared and distributed various standard contracts. It must faithfully reflect the environment of market change and the contents of the enacted and amended laws in order for such a standard contract to play its original role or function. The Ministry of Science and ICT enacted a standard contract for digital content in 2014 and revised it in 2015 to establish a fair trade order in the digital content industry. About six years have passed since then, and many changes have been made in the industrial environment and related legislation. Therefore, amendment is necessary for the standard contract to play its role as a contract suitable for the transaction situation. To this end, a plan to amend the brokerage standard contract was proposed based on the contents of the recently amended laws. These amendments are centered on the contents of the current laws and regulations, and the government and the National Assembly are currently pushing for various legislation or revisions to establish a fair trade order in the online platform market, including the app market. This means a rapid change in the online platform market, and it means that standard contracts should also be amended periodically to reflect the changed environment and laws, not just once. Therefore, it is expected that the standard contract will fulfill its role as a basis for the continuous growth and development of the digital content industry, and it is emphasized again that periodic and timely revisions are necessary to faithfully perform its role.