「EU 디지털지침(2019/770)」과 독일 채권법상 디지털제품 제공계약의 객체

The concepts of ‘digital economy’ and ‘digital transaction’ emerged due to the digitalization of the global economy. In line with this, on June 13, 2023, the Korean government also announced an amendment to the Civil Act (“Basic Regulations on Digital Product Provision Contracts”) by adding Section 16 following the 15 sections that stipulated typical contracts in Part 3 Bond Chapter 2 contracts. This amendment consists of five articles in total, and it can be seen that the system presupposes a new typical contract. This refers to changes in legal and economic policies following the recognition of the importance of ‘digital transactions’ based on ‘digital economy’. Article 733-2 of the amendment (the significance of the digital product provision contract) provides a conceptual provision of “digital products with the functions and quality that are reasonably expected in social wisdom.” However, it is insufficient to regulate the contract contents of digital goods, especially digital products, based on the digital economy. In the concept of digital products, there may be cases in which only intangible digital content (service) such as digitized data is supplied and the goods, which are mixed digital elements. Therefore, it seems that the enactment of additional special laws related to it was considered. If the Civil Code is considered to legislate the additional special laws. In that case, I thought that the most influenced 「EU Digital Content Directive (2019/770)」 and the German Civil Code (BGB) could be good materials for the revision of the 「Civil Code」. Accordingly, this study developed a discussion centered on the explanation of the object of the ‘digital product’ contract. This is to clarify the object and subject of the digital product provision contract, and then discussions should continue on contract suitability, liability for non-performance or warranty liability.