저작권법상 ‘기술적인 조치’ 규정의 문제점과 개선방향

According to Paragraph 1 of Article 104 of the current Copyright Law, "Specific Type of OSPs" have duty to take " technological action" in order to prevent digital content from being illegally transmitted if requested by the rightful owner of that content. However, since the standard evaluation procedure of the "technological action" has not been clearly defined, a number of copyright disputes between the rightful owners of the content and "Specific Type of OSPs", technical development specialities would be caused. For solving problem like this, introducing copyright technology evaluating system in copyright law, evaluating copyright technology on "necessary action such as technological action etc" through this system, and using as various standards of determinations. Accordingly for taking effectiveness to and vitalizing copyright technology evaluating system, it is needed that concrete items regarding evaluating procedure and evaluating standard, evaluating model and evaluating method, content of evaluation result will be published as type of guideline. Legal ground should be prepared in Copyright Law to enact and administer guideline in Korea Copyright Commission and Copyright Information Center or Copyright Technical Research Institute.