대중문화예술인 방송출연표준계약서의 개정 방향 검토

The entertainment industry is characterized by the imbalance of power between contractual parties. To address this imbalance and the issues resulting therefrom, standard contracts are widely used in the industry. However, by their very nature, standard contracts cannot terms that are perfectly satisfactory to both parties. At least some terms of the contract are bound to evoke critical reactions from stakeholders. A standard contract cannot end contractual disputes in the relevant sector once and for all. For this reason, all standard contracts need to be constantly improved taking account of changes in the intentions of those working in the relevant sectors, as well as changes in the industry’s environment. However, the improvement of standard contracts has never been an easy task. The Standard TV/Radio Appearance Contract began to be adopted in the entertainment scene around a decade ago. However, the standard contract has not been a subject of active discussion, and concerns are being raised as to whether the contract has been kept up-to-date wit the changes in the environment where it is used. Thus, various improvements need to be discussed regarding the Standard TV/Radio Appearance Contract. This study reviews the current status of the standard contract and the relevant issues discussed to date. Building on the previous discussions, this study examines possible improvements required to achieve balance between contractual parties. Specifically, this study discusses improvements of provisions on: the purpose of the contract; the obligations of the broadcasting company or the production company; the obligations of the entertainer and the talent management company; the attribution of rights; termination and damages; dispute resolution; and appearance fees.