전속매니지먼트 계약의 법리와 관련 가처분

This article examines the key legal issues surrounding exclusive management contracts, focusing on their legal nature, grounds for termination, and the practical aspects of provisional remedies in related disputes. The unique characteristics of Korea’s entertainment industry, the imbalance in bargaining power between entertainment agencies and artists, and the diverse legal issues arising from long-term contractual relationships demonstrate that exclusive management contracts cannot be fully explained within the traditional frameworks of mandate, employment, or service contracts. Recent case law also indicates that courts increasingly view exclusive management contracts as atypical “continuing contracts”, taking into account the purpose of the contract, the parties’ status and bargaining power, and the method of profit distribution, among other specific factual circumstances. With respect to termination, courts primarily assess which party is responsible for the breakdown of the relationship of trust, and whether such breakdown has rendered the continuation of the contractual relationship practically impossible. If either the artist or the agency is found to have caused the destruction of trust, that party is not permitted to unilaterally assert termination, and the burden of proof regarding the grounds for termination, including the degree of trust breakdown, lies with the party seeking termination. In provisional remedy practice, both applications by artists for suspension of the effectiveness of exclusive contracts and applications by agencies for injunctions prohibiting entertainment activities are subject to strict scrutiny regarding the existence of a right to be preserved and the necessity of preservation. Due to the inherently personal and non-substitutable nature of an artist’s obligations, direct enforcement against the artist is limited; thus, injunctions imposing duties of non-performance (such as prohibiting contracts with third parties) are mainly used as effective remedies. Courts consider various factors in assessing the necessity of preservation, including the circumstances surrounding the conclusion of the contract, the remaining contract period, the parties’ fault, and the causes and handling of conflicts. Looking ahead, it is hoped that the continued accumulation of relevant case law, improvements to standard contracts, and legislative supplementation will establish a legal foundation that ensures the balanced protection of the rights and interests of both artists and entertainment agencies, thereby contributing to the stable and sustainable development of the entertainment industry.