도메인이름계약과 도메인이름권

This article is part of an effort to correct existing prejudices on domain names and to analyze focusing on domain names’ role as an internet address. The current legal contemplation on domain names has been mostly centered on domain names as a brand or a service mark for e-commerce. However, suppliers are not the only ones who use domain names. This problem has been raised because of the fact that almost every citizen has several personal domain names on-line and uses easy/recognizable keywords as domain names. A new definition on Internet is defined on ‘Definition of Domain Names’, stressing the original function of domain names as Internet Protocol Address. The ideology that views the Internet as a sort of a brand or service mark and which denies independence of the Internet is criticized and the ideology which acknowledges the internet’s independence is developed throughout the article. ‘Domain Name Agreement’ stipulates an analysis about the relationship between registrant and domain name registrar when it comes to license agreement on domain name and Internet keyword. In order for the registrant to use a domain name, he or she must request the domain name registrar to register the chosen word or sign. After examination by the domain name registrar, the registrant is given a domain name and thus the registration process is finished. At times registrants, to be able to use easily recognizable keywords as their domain names, make an Internet Keyword contract, in which they have to pay the registrar. Especially in the latter case, which is an onerous contract, the registrant protection is of significant importance. Yet, in recent years, the law makers have not been paying much attention to the characteristics of domain name contract and its contents. The ‘property rights of Domain Name’ criticizes the theories of license and relative rights and advocates absolute rights and thus acknowledges property rights called domain-name rights. The unique facet about domain-name rights is that when a registrant forms a contract with a registrar the registrant attains a right related to credit, which is the right to use the name, whereas when he or she registers the registrant is given the power that is like the property rights. It is like how registrant attains the ownership of real estate through real estate registration. Once the domain-name rights is reached the registrant can eliminate interruption by the third party and gets an absolute right that resembles the property rights. The theory of license and the theory of relative rights overlooks the domain name’s character of exclusivity. Moreover, they have made the mistake of having a fragmented perspective, which only recognizes the credit based relationship of the registrar and registrant. However, this article has articulated about the absolute right theory based on the fact that domain name performs double functions. The registrant gets the right to use domain name over the registrar, which works in a similar way with credits. However, when it comes to concerning the third party, the registrant has the absolute right, which is like the property rights. If the third party wrongly disturbs such right, the registrant has the right to cancel the registration and the right to demand compensation for the damage and be helped. Since year 2004, through enactment of the Internet Resource Act and revision of the Antimonopoly Act, the domain name agreement’s trait as an absolute right has been codified. In the year 2004, the Supreme Court’s ruling on rolls-royce.co.kr case and Viagra.co.kr case and etc has confirmed the absolute right theory of domain name agreement. In the future, domain name should be recognized separately as an Internet address resource. Furthermore, the characteristics and contents of the contract of domain name and Internet keyword should be understood clearly. The concept of ‘Domain Name Agreement’ should be acknowledged and in terms of property right, necessary conditions for using the right to cancel the registration against the third party should be defined plainly.