영상제작 협찬계약의 분쟁 대응에 관한 법적 연구

The rapid expansion of digital platforms and new media markets is fundamentally transforming the ecosystem of video content production and distribution. Sponsorship, which has become a crucial funding model for broadcasting, OTT, social media, and web content, has evolved beyond simple financial support to become an integrated advertising and promotional tool that combines brand messages and content. In this process, sponsorship contracts, which support high video production costs, have become an essential element that cannot be addressed through the specialized cultural industry company system. They also have a decisive impact on the financing of production costs and the structure of content planning itself. However, unlike traditional advertising contracts, sponsorship contracts lack a clearly defined legal definition. The complex intertwining of interests among video producers, broadcasters, advertisers, and platforms presents a constant risk of unfair trade practices. Indeed, various disputes are on the rise, including excessive demands for sponsorship fees, unilaterally establishing performance guarantees, imbalances in rights attribution, infringements on producer and creator freedom through story intervention, and conflicts with broadcasting and review regulations. However, a unified legal framework to systematically regulate these issues is lacking. Above all, abuse of a dominant position, information asymmetry, ambiguity in contract interpretation, and uncertainty in measuring exposure effects are structural vulnerabilities common to sponsorship contracts. Consequently, sponsorship contracts exist within a complex legal framework that requires simultaneous consideration of various laws, including the Civil Code, Copyright Act, the Fair Labeling Act, broadcasting-related laws, and the Monopoly Regulation and Fair Trade Act. However, unclear sponsorship agreements and excessive creative restrictions on video producers are hindering the growth of sponsorship contracts. This highlights the need for greater clarity in the concept of restrictive contracts for video production. This paper examines the concept and current status of video production sponsorship contracts and examines related dispute cases. To prevent such disputes, it proposes essential provisions for future standard contracts developed by the government. Video production sponsorship contracts are a frequently used contract type, as more and more people are participating in video production, necessitating various sponsorship arrangements. In this case, preventing disputes and revitalizing video production requires contractual refinement to prevent sponsorship issues from escalating into disputes. It’s crucial to refine the terms of the contract, including parties, assignment, terms, programming, settlement, and termination, to a level that’s “acceptable both literally and practically.” Furthermore, to standardize practices and enhance transparency, government support for predictability is essential. This includes the introduction of standard contracts, the development of industry guidelines, and the creation of platforms through data-based exposure assessments. Given the current situation in Korea where local governments are frequently involved in video production for promotional purposes, such as festivals and various cultural foundations, legal and institutional safety nets are urgently needed, including special provisions for public institutions, regulations on unfair terms, and the activation of specialized mediation and arbitration bodies. Ultimately, video production sponsorship contracts should not be simply a contract where money is exchanged for “a certain number of commercial runs,” but rather a long-term partnership where content and brands collaborate to create a compelling story. To that extent, trust, transparency, and predictability become core assets, and the above-mentioned improvement measures can be said to be essential devices for institutionally supporting such trust capital.