광고모델의 품위유지의무위반과 법적 책임

• 영문명: Advertising Model's Breach of Keeping Dignity Clause and Legal Remedies
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 박영목(Young-Mok Park)
• 간행물 정보: 『비교사법』比較私法 제16권 제3호, 71~108쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.09.30

영문 초록

Korean Supreme Court recently recognizes model's duty of keeping dignity in advertising contracts(Korean Supreme Court Judgment 2009.5.28, 2006Da32354). This duty allows advertisers to terminate a advertising contract or to claim damages when the model's conduct is detrimental to the model's dignity or advertiser's images. This duty is valuable to the advertisers. Advertisers hope that the celebrity's established familiarity and credibility are transferred to the product, making the product similarly familiar and credible to the consumers, because advertisements featuring celebrities generally affect consumers more favorably than non-celebrity advertisements. But this can be a double-edged sword. Any business or product associated with celebrity can be damaged by that relationship. Consequently, advertisers insert the keeping dignity clause in their advertising agreements. But this duty can infringe on the model's privacy. The models have privacy just like anyone else. So they have the right which isn't interfered unjustly by the advertiser with regards to the private territory which allows the models to keep secrets and enjoy being free. Therefore it is necessary to balance between the model's privacy and the advertiser's interest. At this stage, the following factors can be considered; ⑴ what remedy is claimed by the advertiser, ⑵ whether such remedy is explicitly provided in the agreements and ⑶ how seriously the moldel's privacy is infringed on.

목차

I. 문제의 제기

II. 최진실 사건

III. 광고모델계약의 특성과 법적 문제

IV. 법적 수단별 검토

V. 결론

참고문헌

Abstract

키워드

광고모델계약 품위유지의무 계속적 계약관계 해지 손해배상 퍼블리시티권 계약의 자유 사생활의 자유 표현의 자유 도덕조항 Advertising Contract Duty of Keeping Dignity Long-term Contract Termination Damages Right of Publicity Freedom of Contract Right of Privacy Freedom of Speech Morals Clause