후원의 관점에서 추급권 도입에 관한 고찰

Abstract

The artist’s resale royalty right(droit de suite) of artworks is a right in which an artist, namely, an original creator can claim for a certain amount of loyalty to the parties of transaction whenever the works are resold again since the initial sale. The Article 10.10 of the Korea-EU FTA Agreement(Effective on July 1st 2011) prescribes the necessity to start exchanging the information about practice and policies related to artist’s resale right, and to start discussions for reviewing the validity and feasibility for the introduction of resale right in Korea within two years after the agreement comes into effect while there is no concrete discussion yet. In order to legislate the resale right, there should be some researches that could present the measures for solving two predictable problems in case when introducing the resale right such as ⅰ) if a burden is placed on the participants in the artwork market, the market could be contracted, and ⅱ) even if the resale right is introduced, the effectiveness cannot be guaranteed as it is difficult to actually exercise the resale right due to the characteristic opaque transaction in the art market. Regarding those problems for the introduction of resale right, this thesis aims to seek for the solution measures in terms of support. Considering the characteristics of other works and artworks, the consideration of resale right in terms of support could become the most persuasive basis of argument for introducing the system of resale right. Thus, after examining the characteristics of artworks and the concept of support in art, this study made suggestions for the legislation in terms of support regarding the problems with the introduction of resale right. The legal issue that should be the most preferentially organized in relation to the introduction of resale right is about the legal nature of resale right. Thus, this study examined that the legal nature of resale right would be based on the nature of moral right. After verifying that the introduction of resale right was originated from the concept of support, this study inferred that the recognition of resale right for resale of artworks should include the concept of support because purchasing an artwork would be a form of support for artworks based on the strong originality of artworks. Based on such results of this study, this study presented the solution measures in terms of support in relation to the protection period of resale right required for the introduction of resale right, rate of resale right, the parties of resale right, and target artwork of resale right, and a right to claim for information provision.