불공정경쟁행위와 디지털정보의 보호

There are an increasing number of lawsuits relating to new technologies where the plaintiffs or complainants attempt in vain to claim damages for digital-information(non-works) infringements and the courts sometimes award damages for torts instead. New technologies in the field of telecommunications have created totally new markets, which give rise to a variety of disputes relating to misappropriation of digital-information(non-works) or unfair competition. Nowadays Courts encounter cases where the alleged misappropriation of digital-information(non-works) do not amount to copyright infringement but to a tort. There have been raised various questions as to the requirements of tort especially the standards of wrongfulness and the feasibility of granting injunctions preventing the alleged tort under the Civil Code which have traditionally allowed for injunctions only in cases of infringement upon real property rights. The digital-information(non-works) must protected the alleged tort under the Civil Code. However, a close attention should be made to making a good balance between conflicting interests of consumers, digital-information(non-works) owners, and other competitors.