예술작품의 국제거래상 하자담보책임에 관한 법적 연구-위작을 중심으로-

Abstract

As the standard of living has improved, the public's interest in the works of art, thought to be the exclusive property of the upper class, has grown. The societal condition to consider the works of art as a subject of trade and investment has proliferated to cause price fluctuations, diversification of transaction methods and increase in the number of transactions. As compared to the past, overseas expansion and international transactions of Korean artworks are rapidly increasing. However, the uncertainty of transaction related to the applicable law for regulating the international sales, which is the most important factor in the international transactions, such as difference in laws of relevant countries and changes to the rights and obligations of the parties involved depending on the applicable laws adopted at transactions, hinders the facilitation of international sales. Therefore, this paper intends to study the issues causing the most trouble, both in reality and in practice, with the international transaction of works of art. In doing so, I hope to assist in the internationalization and continuous development of Korea's arts market by minimizing the uncertainty in the international transaction of artworks and by securing stability. The matter related to artworks should not simply be considered as an "expensive and rare" personal property, but must be considered with the unique characteristics of the artworks themselves as irreplaceable beings, in most cases, with the culture, history and the spirit of a country or our humanity embedded in them. In order to do so, it must be premised on a societal atmosphere of learning the value of the artworks from early ages, and understanding of and interest in the artworks by the legislators and legal professionals must be generalized. Through this, we must strive for a culturally advanced society where the cultural upper class forms the majority of the members of the society. The striking economic development and the rapid internationalization lead to an explosive increase in the international trade of high priced artworks; however, the study related to the international transactions of artworks is relatively lacking. No one could deny the fact that the art possesses a very important status and impacts us and the social community even in today's rapidly changing, diversified and divided world. However, the working-level employees of the international transactions of artworks are mostly complacent or ignorant of the applicable laws provisions of the sales contracts. Therefore, in consideration of the rapid internationalization and enlargement of Korea's arts market, I believe this study will improve the legal stability of the international transactions of artworks and furthermore, supports the development and internationalization of Korea's arts market