소프트웨어개발계약의 법적 문제에 관한 소고

A lot of available software development under the opening network condition is being done actively nowadays, with the expansive supplying of the internet. Especially where standard software was much developed in the past, individual software suited for a user's Web Server is being developed now. For the development of these kinds of software, developers are required to have the ability of integrating the system as well as having total expert skills such as skills for making out various kinds of contents and skills for establishing of databases, let alone developing programs. This has caused software development contracts to be related with a third person who performs the development work beyond the relationship between a developer and an order. In spite of that, the form and content of the software development situation is being changed rapidly. Written registration of contracts regulating reversion right is not enough to solve the problems and legislation is depending on an explanation now. It means that the typical forms of contract or transferring registration which belongs to contract law and right transfer registration which belongs to copyright is not enough to solve the problems because software development contract has both the elements of contract law and copyright. Furthermore, for developing software, the use of a third person's work and subcontracting trade is being done, which causes the problem of reversion rights for a developer's outcome to occur.In this paper, the problem of reversion rights of software, among the legal problems related to software development contracts, was investigated. This was investigated in the division of rights on contracts and intellectual property rights after establishing the types of trade among the developers because software development contracts has such various types of trade.