엔터테인먼트분쟁 해결을 위한 중재제도의 활성화 방안

• 영문명: A Study on the Activation of Arbitration System for Entertainment Disputes Resolution
• 발행기관: 한국중재학회
• 저자명: 김상찬(Sang-Chan Kim)
• 간행물 정보: 『중재연구』 제23권 제1호, 85~105쪽, 전체 21쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2013.03.30

영문 초록

The entertainment industry has developed along with current Korean wave fever, and so entertainment-related disputes are increasing rapidly. Litigation is a poor fit for entertainment disputes because of characteristics such as temporal sensitivity. Thus, in the US, the entertainment industry resolves these disputes through ADR mechanisms like arbitration, but cases of settling such disputes through arbitrations are very rare in Korea. This study examined the characteristics and types of entertainment disputes and considered the compatibility of arbitration as a method for settling disputes, and then suggested tasks for revitalizing arbitration systems as entertainment dispute resolution procedures. Arbitrations have many merits, such as the rapid pace of procedures, confidentiality, satisfying the long-term desires of business relationships, the low cost of settling disputes, judgments rendered by experts, etc.; thus, it is a very suitable mechanism to settle entertainment-related disputes. The study proposes necessary steps for revitalizing arbitration systems for entertainment disputes. First, awareness of entertainment industry workers about the arbitration system should be raised. Second, special educational programs for members the of Korean Commercial Arbitration Board related to entertainment should be set up and operated together with encouraging positive attitudes toward actions like establishing a dedicated arbitration unit on entertainment disputes. Third, neutral, professional arbitrators should be secured and aggressive disclosures made. Fourth, a professional ADR organization such as an Entertainment Arbitration Committee should be established.

목차

I. 서론

II. 엔터테인먼트 분쟁의 특징과 유형

III. 엔터테인먼트 분쟁의 중재 적합성

IV. 엔터테인먼트 중재제도의 활성화 방안

V. 결론참고문헌

Abstract

키워드

Entertainment Dispute Resolution Alternative Dispute Resolution (ADR) Arbitration Exclusive Management Contract Unfairness of Contracts, Entertainer