모바일게임 퍼블리싱계약에 있어 라이선서의 하자담보책임

Abstract

There are no clear provisions in the Contract Act that can be the basis for interpreting the licensor’s obligation in mobile game publishing agreement. Therefore, the licensor’s obligation is often judged based on the text of the contract or based on intellectual property laws. However, the wording of the contract is often insufficient, and the contents regulating the right and obligation of the contracting parties in intellectual property laws are poor. As a result, since contracts are interpreted based on general contract rules, principles of contract law, common law, and precedents, contract interpretation that is not based on specific laws is inevitably widely allowed. However, such a way of interpreting the contract is not desirable in a written legalism that strictly distinguishes between the subject of the enactment of laws and the subject of interpretation and enforcement of laws. Therefore, in this study, in determining the licensor’s defect liability, I reviewed the applicability of the typical contract regulations based on the nature of contract for work and the nature of lease of mobile game publishing agreement. In particular, I tried to overcome the limitations that mobile games cannot be included in the category of things under civil law by defining the physical properties of mobile games as object that means an objective form of existence. In a written legalism, civil law should be able to embrace legal actions that are frequently carried out in actual transactions, and it is not desirable for atypical contracts to be expanded. Therefore, in this study I attempted to derive the defect liability of licensor under the mobile game publishing agreement using the provisions of the civil law’s typical contract while considering the specificity of the transaction. To this end, I first reviewed the concept and physical properties of mobile games, and based on this, reviewed the concept and legal nature of mobile game publishing agreement. Then, based on the legal nature reviewed, I examined the legal basis for defect liability, and the specific contents and limitations of defect liability arising from such legal basis.