독일민법상 디지털제품에 관한 계약의 법적 규율 - 우리법에의 입법론적 시사점을 덧붙여 -

Digital content such as music, movies, and games is frequently traded today. Contrary to this reality, Korean law does not have a legal system to regulate digital content trading. On the other hand, in Germany, the Digital Directive have been converted into German Civil Code. The newly created Section 327 et seq. provides for the rights and obligations of the contracting parties specific to digital content as distinct from goods, i.e. digital content and digital services (Article 327(1) first sentence). Of particular note is the fact that the "update obligation" of traders was stipulated. Korean law also needs to establish regulations regarding the provision of digital products in order to reduce the gap between the law and reality. Such provisions would best be accepted into the Civil Code. The German Civil Code stipulates the criteria for judging defects in digital products in Article 327e, placing subjective and objective requirements on equal footing. Parties' agreements that deviate from objective standards are restricted under very stringent requirements. Such an attitude of the German Civil Code is unreasonable in view of the principle of private autonomy. By our law, the agreement of the parties should be the first priority. Finally, the Korean Law also needs to introduce update obligation. At this time, the issue of determining the update period will be most important, but Article 327f (1) Sentence 3 No. 2 of the German Civil Code will provide a good starting point. However, the Korean legislators will have to consider additional issues that have not yet been considered, such as the update cycle and method. Regarding the content of the newly established German Civil Code, there has not yet been sufficient discussion or judicial precedents, so it will be necessary to keep an eye on it with steady interest in the future.