공공저작물의 공정한 이용을 위한 법제간 정합성 확보방안- 저작권법과 공공데이터법을 중심으로 -

Legislations and policies on public works have been enacted to enhance the use of public works through the active sharing of the public works. Creation of many works and data is owing to great efforts of the individuals. Opening these works and data to the public is making remarkable achievements in both cultural and industrial fields. But on the other hand, the Act on Promotion of the Provision and Use of Public Data (hereinafter Public Data Act), Copyright Act and other legislation regulating the use of public works do not take enough considering that the policies regulating the works that are expressing creative human spirit and emotion should be prepared when opening the data in the public domain regarding the works’ distinctiveness. Moreover, much inconsistency and vagueness between the provisions defining the types of worksand scope of the opening to the public in both legislations are causing a lot of confusion. This paper reviews the consistency of the Copyright Act and the Public Data Act on public works, explores the issues raised by the opening of public works, and make proper suggestions for promoting the fair use of public works applying the copyright law and other legislation.