미술품재판매보상청구권 관련 정보제공요청권 실효성 제고 방안 연구

Abstract

The Art Promotion Act guarantees the resale royalty right, also known as the ‘droit de suite’. In relation to the enforcement of resale royalty right, the Art Promotion Act stipulates the collection and distribution of resale royalties through compulsory collective management, and the right ro request information related to resale of artworks, which is a prerequisite for efficient collection of resale royalties. However, the scope of information required for collection of resale royalties, which is essential to ensure the effectiveness of enforcement of resale compensation claims, and procedures and methods for information reporting are delegated to the Enforcement Decree. Most significantly, in order to ensure the effectiveness of the resale royalty right, it is necessary to be able to easily obtain information on resale of the artworks subject to the resale royalty right. Considering the practice of non-disclosure of art transaction information in the art market and the problem of information asymmetry, it is not easy to guarantee the tracking of information related to resale of artworks. The provisions relating to the Artist’s Resale Right will be implemented four years after the promulgation.Therefore, it is necessary to prepare detailed regulations during the four-year grace period as well as the systems for reporting of information related to resale of artworks. Accordingly, this paper reviewed the reporting of the information on resale of the artworks subject to the resale royalty right under the Art Promotion Act. For this purpose, Chapter 2 reviews related regulations under the Art Promotion Act and examines overseas cases where the resale royalty right has been implemented. Next, Chapter 3 addresses legal issues related to the right to information and proposes the direction of enactment of the Enforcement Decree of the Art Promotion Act and institutional considerations to ensure the effectiveness of the right to information.