공공누리 이용약관의 법적 효력과 개선방안에 대한 연구

Study on legal effect and improvement method of KOGL Terms of Use

As Item 2 of Article 24 of Copyright law has implemented, Copyrighted Public Records possessed by National and local volunteer communities and public institutions have become available publically. And regarding this Copyrighted Public Records, the users can use without any worry about infringement of copyright as attaching the Korea Open Government License (KOGL) which is considered as standard of free-use developed for the parts of free-use policy. This KOGL is categorized into 4 types by conditions of utilization, but regardless with the type, if KOGL is attached, contents would open on the KOGL site through the process of automatic links & collections. So far, there are over 7 million opened Copyrighted Public Records. Like this, by Item 2 of Article 24 of Copyright law, it is possible to freely use the Copyrighted Public Records, but it cannot handle all of the target of exemption, infringement of copyright occurred by provider’s mistakes, difficult exceptions for free-use only by one provision of copyright law, and use method. Therefore, it should be guided with KOGL terms of use for these items which are not considered during the legislation process. There are problems such as full privileges of public institution, absence of explain/specify-duty of KOGL terms of use, and name overlap on term of use of site utilization and KOGL system, which would apply to unfair clause of Standardized Terms Regulating Act on the KOGL terms of use run in electric form. Some of them seem to need to be improved. Otherwise, as there is no effectiveness of KOGL terms of use, there could be issues for copyright dispute, and it could occur the result not relating to the purpose of free-use for Copyrighted Public Records. Therefore, in this study, we intend to suggest for improvement method of KOGL terms of use with the review of precedent and regulation of agreement regarding internal and external of country.