미술품재판매보상청구권의 강제적 집중관리 관련 법적 쟁점

Abstract

After a long controversy over the pros and cons, the resale royalty right, also known as the ʻdroit de suite,ʼ was eventually introduced in Korea following the enactment of the Art Promotion Act dedicated to supporting the fine arts ecosystem. In relation to the enforcement of resale royalty right, the Art Promotion Act stipulates the collection and distribution of the resale profits should be made through institutions dedicated to the promotion of the art as designated by the Minister of the MCST, or non-profit organizations comprised of individuals entitled to the Artistʼs Resale Right. However, the requirements for designation of the organization executing the resale royalty right, cancellation of designation, details of procedures for collection and distribution of resale royalties, and management fees, etc. should be detailed through the Enforcement Decree. Therefore, it is necessary to prepare detailed regulations and systems to ensure the effectiveness of the resale royalty right during the four-year grace period until the implementation of provisions stipulating the resale royalty right. Accordingly, this paper reviewed the mandatory collective management of the resale royalty right. For this purpose, Chapter 2 reviews related regulations under the Art Promotion Act and examines overseas cases where the resale royalty right has been introduced and implemented. Next, Chapter 3 addresses the legal relationship of the resale royalty right holder and the collective management organization in charge of the collection and distribution of resale royalties and examines the direction of enactment of the Enforcement Decree of the Art Promotion Act related to the enforcement of the resale royalty right and other legal and institutional considerations to ensure the effectiveness of the enforcement of the resale royalty right.