검정고무신 사건과 저작권 계약 수정 제도 도입 논의에 대한 소고 - 대법원 2026. 1. 8. 선고 2025다217641(본소), 2025다217642(반소) 판결 평석과 입법론을 중심으로 -

This study analyzes the limitations of the current legal framework in resolving the issue of unfairness in copyright contracts, focusing on the case commentary of the "Black Rubber Shoes" (Geomjeonggomoosin) case, which was recently finalized by the Supreme Court through the Discontinuance of Trials procedure. In this case, the court did not recognize the nullity of the contract based on an unfair juristic act as claimed by the authors; however, it did acknowledge the contract termination based on the destruction of the relationship of trust by the contracting party, thereby allowing the authors to escape the binding force of the unfair contract. However, this legal doctrine has limitations, as it is difficult to claim termination for copyright contracts that are not "continuing contracts" or where specific acts destroying the trust relationship are absent. Furthermore, existing legal principles—such as contract nullity, rescission, and the principle of change in circumstances (clausula rebus sic stantibus)—face institutional hurdles in rectifying situations where the value of a work increases dramatically after the contract is established. Accordingly, this study explores the 'right to equitable remuneration' and the 'right to additional remuneration' as institutional mechanisms to address these shortcomings. It analyzes the legislative examples and core features of Germany’s fairness clause(Fairnessausgleich), France’s principle of proportional remuneration and right to request contract readjustment, and the EU’s 'Digital Single Market Directive', which mandates such mechanisms.. Based on these findings, the study proposes the following considerations for introducing a copyright contract modification system in Korea: Constitutional Harmony, Sectoral Specificity, Legal Predictability. Meanwhile, if the immediate introduction of the system is difficult, this study proposed mandating written contracts or imposing term limits on the transfer of the derivative works right as alternatives. Through these measures, it is possible to prevent authors from entering into unfair contracts by blocking unclear oral contracts in advance and to limit the comprehensive and final transfer of the derivative works right. It is expected that institutional measures will be promptly established to secure contractual fairness while maintaining legal stability, allowing authors to get the legitimate profits arising from their creative works.