용역계약일반조건의 저작권 귀속 규정에 관한 소고

In Korea, the percentage of services in the industry rendered by the government is very high. In this situation, the issue of ownership of copyright created in the course of rendering the services ordered by the government has been controversial over the past decade. Currently, the services ordered by the Korean government are governed by the general terms and conditions of the service contract established under the Administrative Standard Operating Procedure of the Ministry of Strategy and Finance. In the Procedure, the provisions on copyright ownership show the flow of which copyright ownership is considered as an exception to the principle applied to the management of national properties by awarding the ownership right to the original creator of such right. Nevertheless, some problems still need to be addressed in order to maintain the direction of institutional changes. In this paper, we have pointed out the limitations on the exercise of proprietary rights due to confusions over the concepts of the ownership of tangible and intangible assets, the degree of limitation as to the ownership considered as an exception, and the problem of ambiguity associated with the scope of use of proprietary rights due to an inconsistency in the ownership type.