인터넷상 영업․재산의 양도에 따른 법적 문제에 관한 고찰

Abstract

Assets of companies on the internet are transferred by handing over the business or making over only assets. The legal issues are about to be subject to the Commercial law and to transfer personal information that occurs according to the internet characteristics. The transfer of personal information by the business transfer is provided in the ‘Act on Promotion of Information and Information Protection, etc.’ in the aspect of the protection for users have offered personal data. Transferring the assets for the business on the internet is first applied to articles of the business transfer, merger, split or simple transfer of the business assets in the Commercial law by means of the method and the formation of transfer. However, the Commercial law is based the companies on the offline circumstances, so if it is subjected to this law when the company transfers the main or a part of the business act or assets on the internet, the matters appear from differences between the offline and the Internet-based environment. The business transfer is able to do all of whole or partial one on the premise of the maintenance of identity. The value like technical expertise, customers' information and so on is not visible proprietary, so the law does not have a special method of the transfer. It would been made over by the verbal, documents and the others that may be suitable. If the local restriction in the prohibition of competitive business is for the protection of the interests of the transferee in the competition, it does not have the meaning on the internet on which the border is not. In other words, the prohibition of competitive business seems to be applied to without regard to local in the internet business transfer. Nevertheless, the obligation of the prohibition of competitive business is not applied owing to not to exist the competitive relationship. Such cases involve the new business such as running the offline business which in located in the same province within the branch to transfer the internet business, or the new business act on the internet which does not include the internet server in the same area in same the country as it is in the electronic devices to block for access of the consumers in the same country and its target is only the consumers in other countries. When the domain name which is one of the special assets In the space of the Internet, is transferred, it derives the similar effects with the trademark, the trade name or the trade mark, etc. which lead to the property value and legal protection. It looks a problem that would be distinguished with what the legal nature of domain names means. Therefore, when the domain name is used pursuant to a trade name, the provisions of the relevant transfer in the Commercial law is that there would be a review of applicable analogy.