딥페이크를 이용한 유명인 사칭에 대응하기 위한 부경법 타목(퍼블리시티권)의 개선방안 연구

Subparagraph 1(l) of Article 2 of the Unfair Competition Prevention Act is the sole domestic legal norm capable of protecting personal identifiers, making it the most efficient and appropriate legal means to counter deepfake impersonation of celebrities. However, current provisions limit prohibited acts to infringement of economic interests and only permit civil remedies, rendering them insufficient for effective countermeasures. Therefore, revision of subparagraph 1(l) of Article 2 is necessary. First, the scope of prohibited acts under subparagraph 1(l) of Article 2 should be expanded to include the acts causing misunderstanding or confusion regarding a celebrity’s activities, as well as the acts damaging their distinctiveness or reputation. Second, considering the severity of deepfake impersonation, overseas legislative precedents, and the need for equity with other unfair competition acts, strong sanctions must be introduced, including penalty provisions, punitive damages, and statutory damages alongside compensatory damages. Third, considering that deepfake impersonation of celebrities mostly occurs on online platforms, online service providers should be made indirectly liable. However, the scope of the liability must be reasonably limited. These improvement measures are expected to play a crucial role in effectively protecting celebrities’ personal identifiers and establishing fair competition order in the digital environment.