파라마운트 사건에 대한 고찰: 미연방대법원 파라마운트 판결과 이에 따른 피고영화사들의 동의판결을 중심으로

The Paramount case in the United States was initiated by the U.S. Department of Justice in 1938 and involved the issues of whether several major and minor studios monopolized the motion picture industry in violation of the Sherman Act, in particular by having an advantage of vertical integration of production, exhibition and distribution of motion pictures, and whether divorcement and divesture of their theaters was an appropriate remedy. The “Paramount decision” commonly refers to the decision by the United States District Court in New York in 1947, the United States Supreme Court’s decision in 1948, followed by the decision by the United States District Court on remand in 1949. Regarding the main issues, the U.S. Supreme Court declined to make findings as to whether the defendant studios in fact monopolized the industry, and accordingly, whether divorcement and divesture of their theaters was an appropriate remedy. Rather, these issues were remanded back to the District Court, which rendered its decision in 1949. In addition, most of the 1949 decision was carried out by the defendants’ consent decrees, which in effect involved divorcement and divesture of defendant theaters. However, when the defendants’ consent decrees became no longer effective per various defendants’ applications in the 1990s, the defendants were allowed to own and operate theaters once again. Recently, as the motion picture industry in Korea has increasingly become more centralized by a few major players, whether these few players have monopolized the market through their own vertical integration, much similar to what took place in Hollywood back in the 1930s, has become an issue. Therefore, whether the Paramount decision should also be implemented or incorporated in the Korean motion picture industry has been discussed by relevant parties involved in the industry. However, there seems to be a lack of clear understanding and analysis of what exactly the Paramount decision held and/or did not find. Thus, it is of paramount importance that prior to discussing the possible applicability of the Paramount decision to the Korean movie industry, we must have a thorough and accurate understanding and analysis of the case history and relevant courts’ holdings, as well as the meaning of the defendants’ consent decrees and their aftermath.