데이터 거래의 민사법적 보호와 귀속

Regarding the property nature of data, there is an issue as to whether data can be a ‘property right’ under Article 563 of the Civil Act. In order for a property interest to be a property right or to acquire a property right, it does not necessarily have to be defined as a right by law. However, since transferability is an issue, it must be assumed that the concept of ‘attribution’ can be considered. Additionally, data has the nature of trust property. And in relation to the protection of data transactions, there is an issue of whether or not to recognize ‘ownership’ of data, and the general view is to deny it. ‘Thing’ refers to a ‘tangible object’ (Article 98 of the Civil Act), and intangible objects such as data are not subject to ownership. This is supported in terms of essential differences from physical objects, such as non-rivalry and non-exclusivity of data. Types of data transactions include data provision type contracts, data creation type contracts, and data sharing type contracts, and these data transactions can be protected by tort law, unfair competition prevention law, etc. In relation to the attribution of data, there is room to discover the nature of protecting the interests of the ‘data’ itself against illegal acts. In addition, it can be affirmed that data and its property value belong to the person claiming compensation for damages caused by illegal acts, as long as they are protected by law. However, this is limited to the attribution of so-called ‘property value according to the factual state’ in the form of ‘legally protected interests’. In other words, a certain amount of profit is accrued.