한·중 저작권법상 온라인서비스제공자(OSP) 규정과 통상 대응전략

Provision Status and Trade Counter Strategies for the Online Service Provider (OSP) in Copyright Act between Korea and China

This study aims to extract the problems of OSPs between Korea and China using FGD (FocusGroup Discussion) and descriptive analysis, and suggest solutions for them in terms of tradepractice. To this end, eight issues were drawn, such as the responsibility for the OSP, theimmunity from the responsibility for it, subjective infringement, secondary liability, temporarystorage, notice regarding illegal acts, and special types of OSPs. Results derived from theanalysis showed that these issues presented difference in laws and regulations between the twocountries. Moreover they had tasks to legislate or revise laws. Notably, considerable gap isfound between the OSPs between Korea and China when considering the issues of admittingresponsibility, immunity from the responsibility for, and the court judgment of it. If the roleof the OSP and the responsibility for copyright holders have a rational, international-levelsystem in the future, this will keep a balance between the these two countries and ultimately,Korean culture will make inroads in China in a more legal manner.