남북 간의 저작권 교류･협력을 위한 법적 연구

This study examines the current legal framework and practical challenges surrounding copyright exchange and cooperation between South and North Korea, and proposes strategic measures in preparation for potential reunification. Despite North Korea's accession to the Berne Convention, its Copyright Law remains restrictive and state-centered, failing to comply with international standards and the principle of reciprocity. While South Korea, through the Inter-Korean Economic and Cultural Cooperation Foundation, has consistently paid royalties for the use of North Korean works, North Korea has neither reciprocated nor protected South Korean copyright holders. To address this asymmetry, the paper presents three key policy proposals: (1) Reclassifying North Korea as a foreign entity to apply a reciprocal copyright regime and reassess royalty obligations; (2) Promoting North Korea's accession to the WTO, thereby enabling TRIPS-based dispute resolution and establishing a fair international framework for intellectual property rights; and (3) Exploring trade sanctions akin to the U.S. Section 301 mechanism to pressure North Korea into reforming its copyright law and practices. The paper further suggests revising Article 3 of the South Korean Constitution and amending the Inter-Korean Exchange and Cooperation Act to create a more realistic and equitable legal foundation for inter-Korean cooperation. Ultimately, this research aims to contribute to a new paradigm for copyright collaboration between the two Koreas and reduce legal uncertainty in the post-unification era by promoting legal harmonization and balanced mutual recognition of intellectual property rights.