학술정보 공적이용에 관한 헌법적 연구

This paper aims to provide a normative review of the phenomenon of skyrocketing subscription fees for scholarly information in Korea. In terms of free access to scholarly information, the Open Access movement raises a fundamental rights issue where the public interest of users and the property rights of authors collide. This paper focuses on the constitutional debate on the state's responsibility to reconcile this. While it is clear that scholarly information has value as a property right, the legitimacy of restricting property rights may be justified in Korea, where there is a high density of public sector support and management in terms of the creation and distribution of scholarly information, and this was confirmed by comparing the Open Access movement and legislation in the West. The academic freedom of researchers has a special status in relation to freedom of expression, and the discussion of Open Access needs to start with state financial support based on special protection, and the issue of state restrictions and compensation is likely to be different for different types of intellectual property rights. It seems unnecessary to invoke property rights or academic freedom to support exclusive rights to commercial exploitation of scholarly information. The primary concern of education and science is not to reward commercial exploitation, but to contribute to society through the positive evaluation of information and the improvement of academic quality. Authors of scholarly information are therefore concerned with the recognition of their scholarly work through peer review, the right to decide whether and when to publish scholarly information, and the protection of the identity of their work, not with the exclusivity associated with commercial exploitation of their work. It stems from the reality of the legal justification for a system that allows scholarly information created for public purposes to be taken into the private sphere. In other words, academic freedom functions as a complement to the right to choose a wide range of topics for research and to the information security of unhindered research on already published scientific information, and does not protect the further use of knowledge and information. As an area of free access to knowledge and information, academic freedom should be the most faithful to the basic principles of the information society. Above all, it is necessary to ensure the continuity of national open access policies through a clear legal basis.