물건의 판매 개념에 대한 재고 - 컴퓨터 소프트웨어 거래를 중심으로 -

The definition clause regarding ‘Things’ of our Civil law has kept its place and content since the Civil law was enacted in 1958. Also, the clause has given our whole legal system tremendous effect by working as a standard in interpreting the scope of property in the area of Criminal law. However, with a rapid prevalence of digital copyrighted works like computer software, the definition clause regarding ‘Things’ which is basically subject to corporeal things has a certain limit in applying the clause to transactions of digital copyrighted works. Though this seems to be a natural consequence in accordance with the nature of objects of the transactions, as the term ‘digital copyrighted works’ is usually used with the term ‘sale’, whose meaning is not stipulated in our positive law, causes confusion among general consumers in the area which requires distinction with LICENSE as well as application of Exhaustion principle. Thus, we need to reconsider the concept of ‘sale of goods' based on the precedents overseas where the foregoing problems were at issue in substantial cases. At last, I suggest analogical application of named contracts and legislative measures in areas required for the protection of general consumers with regard to digital copyrighted works including computer software.