저작권신탁관리단체의 감독 강화에 관한 소고 - 독일과 프랑스 제도의 시사점을 중심으로 - = Strengthening the Oversight of Copyright Collective Management Organizations: Insights from the German and French Systems

다국어 초록 (Multilingual Abstract)

This study aims to comparatively analyze the oversight systems of major countries as a legal means to strengthen the public accountability and transparency of Collective Management Organizations (CMOs) and to propose legislative improvements for the Korean Copyright Act. Despite the unique characteristics of the Korean collective management market—such as the monopolistic structure centered on large-scale organizations and the restriction of creators' rights to choose through standardized contracts—the current oversight system relies on administrative guidance by government officials and low-efficacy fines, showing clear limitations.
Accordingly, this paper provides an in-depth analysis of the German model, which emphasizes judicial control and internal governance, and the French model, which conducts rigorous financial oversight through an independent body composed of judges and accounting experts. In particular, the French Intellectual Property Code (CPI) and its Permanent Control Commission (CPCCSRD)—equipped with the right to access IT systems, the power to impose turnover-based fines, and criminal penalties for obstructing investigations—offer significant implications for improving the Korean legal framework.
As a conclusion, this study proposes three directions for amending the Korean Copyright Act: 1) the establishment of an "Independent Oversight Committee" centered on professional judges and financial experts independent of the executive branch; 2) the introduction of "turnover-linked administrative fines" proportional to the scale of violations and a "mandatory public disclosure system" for sanction results; and 3) the legal guarantee of the "right to choose the scope of assignment" to prevent the monopolization of rights by CMOs. Such a paradigm shift will serve as a foundation for substantially protecting creators' interests and ensuring the healthy development of the copyright ecosystem.