문화산업 관련 분쟁과 중재 - 지적재산권 및 엔터테인먼트 관련 분쟁의 해결을 중심으로 -

Recently in Korea, cultural industry including entertainment industry has been in the spotlight, because Han stream (Korean cultural effect) has become very powerful in whole Asia in last 15 years. The principal areas of entertainment industry is substantially supported by the field of intellectual property right law. Nowadays, however, with the growth of cultural industry, it also brought up many problems caused by various issues connected with the creation and circulation of cultural contents. The purpose of this paper is to make research on the cultural industry related disputes and arbitration. Arbitration, a form of alternative dispute resolution (ADR) is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the “arbitrators”, “arbiters” or “arbitral tribunal”), by whose decision (the “award”) they agree to be bound. The legal issues concerning arbitration which this paper deals with are as follows: Firstly, I will examine the arbitrability of the cultural related disputes, especially intellectual property right related disputes. In the following, I will comment the present situation of WIPO Arbitration Center for solving disputes in the field of intellectual property right disputes. And then, I will consider the comparative legal study on arbitrability of the cultural industry related disputes. Finally, I will summarize the discussion and present the need for arbitration for solving the cultural industry related disputes in Korea.