한미간 자유무역협정의 저작권집행 분야에 대한국내법이행 검토

Korea and the U.S. are endorsing only one procedure for each congress to ratify the treaty and to reflect it within each domestic legal system as the KORUS FTA was concluded. Although the National Assembly has not yet reviewed the ratification, it is considered desirable to prepare the amendment of copyright law in a sufficient period of advance in order to prepare for the unexpected ratification. Our government has already proposed a revised draft of copyright law for the implementation of KORUS FTA. By comparing the FTA provisions and the revision draft of copyright law, this article will discuss on whether or not (i) revising copyright law is necessary, and (ii) it is inconsistent with Korea's legal system. Copyright law is known as one of the hottest debated fields of law because of the severe conflict of interests between copyright holders and users. Considering that the revision of copyright law would cause instability of law, it is the most desirable to find that the implementation of KORUS FTA can be satisfied by interpreting and applying the current law without revising copyright law, which would be used only if unavoidable. Based on the conservative perspective, this article is expected to make a contribution to the procedure of revising copyright law.