공개데이터 크롤링에 대한 법적 검토와 데이터산업 발전을 위한 법제도 개선 방안

Abstract

Data is called one of the core elements for the Fourth Industrial Revolution. Data itself may be a material to be protected or a collection of individual data, but there are several laws that protect data and different legislative purposes, making it difficult to form a uniformed legal system. On the other hand, in order to stably promote the development of the data industry, systematic legal systems and policy directions must be designed, which harmonizes the concept of ownership and sharing on data. In this paper open data means data that is accessible to anyone but is under someone's control and does not correspond to data assets in itself. And it examined how data crawling could be regulated through each law and precedents. Until now, data crawling has been mainly protected by the Copyright Act and the Unfair Competition Prevention Act. This paper reviews the applicability of the recently enacted Data Industry Act and Article 2, sub paragraph 1 (k) of Unfair Competition Prevention Act. For the development of the data industry, it is necessary to positively look at the recent Supreme Court precedent that proposed more strict standards for crawling open data to violate the rights of database producers. But criticism is expected to be continued on the court's attitude on Article 2, sub-paragraph 1 (m) of Unfair Competition Prevention Act. And it is necessary to consider extending the copyright protection period instead of demanding the requirements for rights of database. In addition, in relation to the data asset protection regulation under the Data Industry Act and the database producer regulation under the Copyright Act, the two 'protection' methods of copyright law and the Unfair Competition Prevention Act might hinder the development of the data industry.