미술품재판매보상금 징수 및 분배에 관한 법적 쟁점 연구

In June, 2013, South Korea’s National Assembly passed the Art Promotion Act, and the most noticeable piece of the Art Promotion Act is resale royalty right, also known as the ‘droit de suite,’ which gives artists the right to a part of the resale price whenever their artwork is resold by or to an art market professional. To guarantees the efficient enforcement of resale royalty right, the Art Promotion Act stipulates the collection and distribution of resale royalties through compulsory collective management, and the request for information necessary for collection of resale royalties. However, the details of procedures for the collection and distribution of resale royalties should be detailed through the Enforcement Decree. Therefore, it is necessary to prepare detailed regulations and systems for efficiently collecting and distributing resale royalty of during the four-year grace period until the implementation of provisions stipulating the resale royalty right. Accordingly, this paper reviewed legal issues on the collection and distribution of resale royalties under the Art Promotion Act. For this purpose, Chapter 2 reviews related articles under the Art Promotion Act and examines overseas situations where the resale royalty right has been introduced and implemented. Next, Chapter 3 addresses major legal issues related to the collection and distribution of resale royalties and proposes the direction of enactment of the Enforcement Decree of the Art Promotion Act related to the collection and distribution of resale royalties through compulsory collective management system.