스마트 공유경제사회에서 빅데이터의 법률관계에 관한 小考

Changes in the means of production and the modes of economic activities lead to changes in politics societies and legal systems. The era in which the principle of private autonomy was advocated as the principle of modern civil law was the era of modern capitalism opened by commercial and industrial bourgeois, and they preferred the individualism and capitalist economic system. With the development of the Internet and artificial intelligence technology, the fourth industrial revolution has developed and low-costly customized production is realized. Tools necessary for the production activities are shared, thereby realizing the smart sharing economic system. In such a system, data is a tool for communication in automated electronic transactions, and the discriminant, calculated from big data, is an important material for executing R & D, production, sales, logistics, distribution and marketing in the whole industry. Big data generated from various sources are converged to increase economic value and utility value, and they are generally collected and used openly through big data sharing platforms. Sharing big data is not the joint ownership in civil law, but rather a common use. Big data is not a physical object protected by the Korean civil law, and it is not a computer program or a database protected by Korean intellectual property laws. Although the legal problem of big data transactions can be solved from the viewpoint of contract law, it is necessary to establish the property rights to big data in that transactions are transient and multiple. The use of big data may infringe the rights of others, including privacy and trade secrets, and advanced prevention is important because infringement can be extended and reproduced as the result of wide propagation of big data. Therefore, property rights of big data must be exercised in compliance with public order. Public order eliminates the uncertainty of transactions and create a safe trading environment. Therefore, in this era, smart citizens will voluntarily demand not only private autonomy, but also public order to secure private autonomy.