데이터산업 발전을 위한 법제 개선 방안 연구

Recently, it is focused on the legal status of data, the right and liability of legal parties to a transaction at each stage of creation, processing, distribution, and storage of big-data with and increasing interest about the Data Economy. In order to secure data-related market trust and establish a virtuous cycle of the big data industry, it is necessary to develop an optimal legal model that helps achieve the fundamental purposes of using big data and information protection, and to lay a legislative basis therefor. In particular, based on the legal status of 'data' as an object of rights and obligations and the legal relationship between parties to data-contracts , the legislative measures are presented for revitalizing the 'data economy' between the facilitating utilization of big data and the protection of information in a balanced manner. This study analyzes laws related to the use of big data and information protection, and analyzes the legal definition and status of data by reflecting the data ecosystem (creation, collection, analysis, and utilization) according to the data value creation system and the characteristics of data. To clarify the legal status of data as a party to data-related legal acts and as a transaction object, the reorganization of overseas data-related laws and domestic legislative implications are presented. Protection of data and information by means of preventing data leakage and illegal use, contractual protection, protection under the Unfair Competition Prevention Act, and protection under the Copyright Act are required. This study is expected to be utilized as research data, reflecting the most recent discussions on the use of big data and information protection legislation.