후원의 관점에서 추급권 도입에 관한 고찰

Abstract

The artist’s resale royalty right(droit de suite) of artworks is a rig ht in which an artist, namely, an original creator can claim for a certai n amount of loyalty to the parties of transaction whenever the works are resold again since the initial sale. The Article 10.10 of the Korea-EU FTA Agreement(Effective on Ju ly 1st 2011) prescribes the necessity to start exchanging the informat ion about practice and policies related to artist’s resale right, and to s tart discussions for reviewing the validity and feasibility for the introd uction of resale right in Korea within two years after the agreement c omes into effect while there is no concrete discussion yet. In order to legislate the resale right, there should be some research es that could present the measures for solving two predictable proble ms in case when introducing the resale right such as ⅰ) if a burden i s placed on the participants in the artwork market, the market could b e contracted, and ⅱ) even if the resale right is introduced, the effecti veness cannot be guaranteed as it is difficult to actually exercise the resale right due to the characteristic opaque transaction in the art mar ket. Regarding those problems for the introduction of resale right, this thesis aims to seek for the solution measures in terms of support. Cons idering the characteristics of other works and artworks, the considerat ion of resale right in terms of support could become the most persuas ive basis of argument for introducing the system of resale right. Thu s, after examining the characteristics of artworks and the concept of s upport in art, this study made suggestions for the legislation in terms of support regarding the problems with the introduction of resale righ t. The legal issue that should be the most preferentially organized in r elation to the introduction of resale right is about the legal nature of r esale right. Thus, this study examined that the legal nature of resale right would be based on the nature of moral right. After verifying that the introduction of resale right was originated from the concept of sup port, this study inferred that the recognition of resale right for resale of artworks should include the concept of support because purchasing an artwork would be a form of support for artworks based on the str ong originality of artworks. Based on such results of this study, this study presented the solutio n measures in terms of support in relation to the protection period of resale right required for the introduction of resale right, rate of resale right, the parties of resale right, and target artwork of resale right, an d a right to claim for information provision.