경제적 불법행위 시론 - 아이디어의 유통을 둘러싼 민사법적 문제

Given the fact that ideas usually play an increasingly important role in the success of contents like dramas and management of domestic business, the economic value of ideas increase in Korea. Unfortunately, however, relevant industries like entertainment industry often face misappropriation of ideas without any awareness of wrongfulness or guilt. This essay take a brief look at the judicial decisions of US courts with regard to economic torts, especially, misappropriation of ideas. Interestingly, there have been an increasing number of judicial decisions on economic torts in Korea as well. It is regrettable, however, that judicial decisions do not provide enough detailed criteria for deciding wrongfulness or illegalness. It is just recently that the Supreme Court of Korea has suggested misappropriation of fruits of investment and efforts as the ground for economic torts or unfair competition. Under the judicial decision of the Supreme Court, misappropriation of fruits of investment and efforts is wrongful and illegal when it is contrary to commercial morality and fair trade. It is not certain nor clear, however, what constitutes commercial morality and fair trade in any specific dispute. The decision also raises some questions about the criteria for deciding whether it is necessary to grant injunction against the tortfeasor. This essay suggest that the public interest should be included in the list of factors to be taken into account.