마라케시 조약의 의의와 우리나라에 미치는 시사점 - 인권의 저작권에 대한 우위 확인 -

To enhance the information access of visually impaired persons and persons with print disabilities, the provision of files which they can access and take advantage of is a prerequisite. Without the permission of copyright holders, however, the provision of files is considered as an infringement of copyright. At this point, the collision between information access right of the disabled and copyright becomes an issue. June 27th, 2013, Marrakesh Treaty was finally adopted with efforts of international society for the past three decades to improve the access of copyrighted works for visually impaired persons. Korea signed the treaty at June 26th, 2014. It is necessary to partially restrict copyrights in order to effectively guarantee the information access of visually impaired persons from the perspective of human rights, considering the current situation where the effectuation of the treaty and domestic ratification are still remaining unsolved. This limitation is necessary for the human rights of the disabled and fair balance of copyright. This paper is written for specific and practical purposes to call for domestic ratification of the treaty and to discuss the revision of copyright law in the process of domestic performance. Viewing from the perspectives of international human rights history and especially from that of the disabled rights history, Marrakesh Treaty is a significant international agreement and also an important turning point in the history of copyright, for it has built consensus to comprehensively restrict copyrights for the enhancement of information access for visually impaired persons. Beyond the issues about practical necessities, this paper is to ask a very radical question which makes us look back to the nature of copyright system that concerns with unceasing argument on the appropriate coverage of copyrights. I may as well say that our nation has joined the ranks of developed countries, considering our size of trade or economy and industrial structures. In the case of our country who has signed the treaty, domestic copyright laws already have something common with the demands of Marrakesh Treaty. Thus, there would be relatively little burden for amending domestic laws even if the National Assembly ratifies the treaty. Considering those situations, our government should desert its highly passive attitude at signing and ratifying international human rights associated treaties, and come forward more actively for the global effectuation of Marrakesh Treaty. It is required to hasten the domestic ratification first, and then to act as a leader at the field of international rights of the disabled and copyrights in the international community with active efforts.