데이터 수집과 그 제한의 한계 - 야놀자 판결과 링크드인 판결 사이에서-

Abstract

We are experiencing conflicts of different values ​​about data in the era of the data economy. As the economic value and likelihood of data use are increasing day by day, businesses trying to collect as much data as possible hardly takes the situation where letting competitors to take their data without any limitation. While businesses are do their best to build an institutional foundation for maximizing the efficiency of 76)data use or activating data transactions, web crawling which uses a robot to copy entire web page data is regulated as an act of unfair competition. Despite the positive expectations of productivity improvement and new business creation through data utilization, there have been various discussions about the necessity and method of certain rules for online data collection and use. Web crawling is a representative digital technology and industrial strategy that is being discussed at the intersection of positive and negative contexts arising from such a data economy. Recently on the matter of a company who crawled the database from competitor's accommodation app server, it was sentenced not guilty in a criminal case but the liability for damages was recognized in a civil case. So market participants are complaining about the obscurity of the criteria of legality and illegality. On the other hand, the US judgment suggested that the act of LinkedIn restricting crawling of HiQ Laps may violate competition law. This makes market participants and consumers to seek for the answers about the permitted and forbidden range of the use of crawling. When crawling cannot be completely controlled in the likelihood of violating the law due to the nature of it, more serious discussion needs to set a criteria for judgment of permitalbe range of crawling, which has been normally used in the field of data industry where collecting and processing data acts as an necessary critical technology factor for business activities. In this paper, I will examine how the Fair Trade Act can regulate in regards to crawling data collection and restricting crawling through analysis of ‘Yanolja’ case and ‘Linkedin’ Case.