방송콘텐츠 공급제작계약의 계약법 및 경쟁법적 쟁점 - 독립제작사의 종합편성채널 불공정거래 비판 성명과 관련하여

Abstract

Although the number of independent producers increases over the years, the independent producers that are under contract with terrestrial broadcasters are less than 50%. In addition, such independent producers as supplying no visual contents to terrestrial broadcasters increase every year, thus showing their production environment very poor. Because the system of outsourcing production is not complete subcontracts, an independent producer complete take the lead, but cooperation system in environment of Korea, character of subcontracts is not contract to purchase broadcasting or to use outsourcing contents permit like an developed nation, but co-production so that actually broadcaster manages the productions and pays the production fee to the finished programs, a contract for work is strong. Therefore, in this subcontracts it is not enough to persuade the unconditional criticism that the contract transferred of copyright from the independent producer to terrestrial broadcasters is unfair. In this point, the Fair Trade Commission’s decision is very suggestive about the Korea Drama Production Association’s complain to KBS, MBC, and SBS in 2008 and Comprehensive Programming Channels is no exception It is important for achievement developing a media market through vitalizing subcontracts that rational subcontract system, as the broadcaster keeps the healthy self made system, and production environment are made up by changing the focus of policy to enact forcibly. For this, improvements are needed as following. Korea Communication Commission and Fair Trade Commission should step forward to ban the unfair contracts from the not even states between broadcasters and independents producers. Addingly, it is suggested the forbidden clauses of abandonment or entire transference like this are introduced in Korea.