문화콘텐츠관련 분쟁 유형과 중재제도의 활용 가능성

As the field of culture and art continues to change, its economic value is also increasing. Legal contentious disputes between the parties in the field of cultural contents are continuously increasing. If the dispute is solved through civil procedure, it will put a heavy burden on the court. Judges lack the expertise in the field of cultural contents, and the time and economic burden is large due to delays in the proceedings. Even if the dispute is resolved, it may be bad for the parties. The arbitration is proceeded promptly and inexpensively with the expert manpower as the arbitrator. And the nature of the cultural contents industry can cause a disruption to images if they cause disputes or proceed with the resolution process. Especially, the arbitration procedure is more effective because it is not disclosed. Mediation is an alternative dispute resolution method outside of litigation, just like mediation, and is more publicly aware than mediation. The arbitration procedure may be abused as a means of delaying the settlement of disputes because the participation of the arbitration procedure or the acceptance of the dispute is left to the autonomy of the parties. If there is an arbitration agreement, the arbitration shall be obliged to participate in the proceedings in the same manner as a lawsuit, and the arbitration award shall be binding. It is also necessary to promote the dispute concerning the cultural contents industry that the arbitration procedure can be a solution. In order for the arbitration system to be a more effective dispute resolution system, it is necessary to acquire and educate professionals with rich knowledge and experience in the field of cultural contents. In addition to resolving disputes through arbitration from the beginning, it is necessary to consider ways to go to arbitration while proceeding with litigation or arbitration. Actively promoting the arbitration system for the people in the field of cultural contents is also needed to activate the arbitration.