콘텐츠산업 진흥법상 콘텐츠분쟁조정위원회 조정제도의 문제점과 그 개선방안

Abstract

The Content Dispute Resolution Committee(we call it as “CDRC”) of the Republic of Korea has provided so special and fast dispute resolution supporting service in the contents industry domain so that has a big role to make healthy and fair contents market environment. CDRC started 3 years ago and has received about 12,000 cases and it has made parties to get about 6,000 agreements. And the CDRC performed 205 successful resolution cases through 200 mediation meetings. But the system’s problems were exposed through 3 years operation time and these problems should be improved by the amendment of Contents Industry Promotion Act. CDRC should enlarge the notion of content disputes and make legal basis of various ADR methods likewise conciliation, mediation and arbitration. The principal of Party Autonomy must be observed in mediation process. If one party do not want to keep mediation process, the process will be finished. CDRC should not force parties to join in mediation against their’s will. And CDRC needs the new additional provisions on the suspension of prescription. Nowadays CDRC’s mediation proposal which agreed by parties has same effect like a fix decision by court. But it’s not desirable because it deprives parties of the right of access to courts. And it make people who participate in mediation process very serious so they will be reluctant to join mediation process and it draws leading handicap to hold mediation. I look forward to approve CDRC’s mediation & operation system by amendment of the Contents Industry Promotion Act.