영화산업 종사자관련 계약상의 몇 가지 과제

Abstract

A movie we enjoy is based on numerous contracts for its process such as manufacturing, advertising or promotion, presentation, and profit-sharing. A director, a screen writer, and so-called ‘film staff’ take part in the film production process though they do not make their appearance on the stage. The contract between a film manufacturer and the film staff is categorized into two types: ‘bucket contract' and ‘per work contract'. A ‘bucket contract’ means literally an agreement directly between a film manufacturer and the representative of all film staff in the apprenticeship system. In this case, the representative as a head of the team distributes contract profit or revenue sharing to the members of the team. However, in a ‘per work contract,' the manufacturer and the film staff promise to carry out their duties for completing film production. In this contract, other exclusive contract is signed between artists and the agency. The exclusive contract indicates that the artistic laborer offers his or her service exclusively to the provider and receives a remuneration as reward. The exclusive contract is a kind of non-typical contract. In general concept, the ‘bucket contract' and the ‘per work contract' are similar patterns of apprenticeship contract because the manufacturer and the film staff make an agreement to complete the film. However, the exclusive contract is a kind of service contract. So, whether it is a typical or non-typical contract is a problem. If it is a non-typical contract as a new trend, we should judge whether the regulations of typical contract are applied to the exclusive one with analogical interpretation. In this case, some problems are found such contract laws as revocation of a contract, prediction charge of damage, penalty for breach of contract, and ownership of a film. The problems of labor characteristics must be considered in the film industry. The contract of providing labors should not be judged only in two types: a typical or non-typical contract. The understanding of realistic dependent relationship between the contract participants should be decided in the first hand. Except for minor top celebrities, a number of employers participate in various employment fields of film industry. We should understand the characteristics and qualities of labor supply contract based on subordinate-dominant relationship. The present contract implies an application of ‘all or nothing’ principle. Therefore, the problems of workers should be studied whether or not they are really workers or employers under the situation. We need to make an effort to create more stable employment environment for film workers.