사망자의 동일성(identity)의 상업적 이용

Commercial use of the Decedent s identity

1. In U.S.A. and Deutsch, there are some common features: the economic value of human identity is protected by law after death, the deceased person s heirs have some rights, and this rights have limited duration. But, there is a considerable difference in legal structure. In U.S.A., the economic value of human identity is protected by the right of publicity. The right of publicity is seperated from the right of privacy, and is regarded as property right. As to the use of human identity after death, postmortem right of publicity is recognized. This is based on the nature of the right or publicity and policy arguments. In Germany, the economic value of human identity is protected by personality rights. Personality rights protect personality comprehensively, and this rights are regarded as personal. As to the use of human identity after death, German judgments recognize the economic aspects of the personality right and hold that it is descendible. 2. In Korea, opinons in favor of accepting the right of publicity are increasing. But, the judgements have not the same position with that of U.S.A as to the inheritability of the right of publicity. Therefore, the benefit of accepting the right of publicity is reduced. Furthermore, German judgments reveals that it is possible to protect the economic value of human identity after death by personality rights. The economic value of human identity should be protected after death. This should be approached in coherent viewpoint about the protection of the value of human identity after death. It is possible to protect the economic value of human identity after death by personality rights, and this method can be harmonized with existing judgements, the protection of dignitary value of the decedent.