{"title":"文化产业中的消费者保护","authors":"Jongmok Park","doi":"10.38133/cnulawreview.2022.42.4.65","DOIUrl":null,"url":null,"abstract":"If the contents of a sound source or book, which can be said to be products of the cultural industry, violate the Copyright Act (plagiarism), can the consumer who purchased the product cancel the product purchase contract or claim damages? Wouldn't it be possible to constitute the same legal principles that consumers who purchased products from general industries as they can cancel the contract or claim damages if the purchased product is a violation of the law? Considering the role of consumers in the growth of the cultural industry, it is necessary to recognize their rights as consumers of the cultural industry. We reviewed whether the rights of cultural consumers could be recognized under the current law. As a result of reviewing the provisions of the Framework Act on Consumers, various cultural industry-related laws, copyright laws, and civil laws, Even if copyright violations are admitted, Considering the specificity of consumers of cultural products and the characteristics of the legal structure, it is difficult to find a basis for consumers to cancel contracts or claim damages under the current law. If the current law cannot solve the problem, a policy should be established to allow consumers to exercise their rights.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"74 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Consumer Protection in the Cultural Industries\",\"authors\":\"Jongmok Park\",\"doi\":\"10.38133/cnulawreview.2022.42.4.65\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"If the contents of a sound source or book, which can be said to be products of the cultural industry, violate the Copyright Act (plagiarism), can the consumer who purchased the product cancel the product purchase contract or claim damages? Wouldn't it be possible to constitute the same legal principles that consumers who purchased products from general industries as they can cancel the contract or claim damages if the purchased product is a violation of the law? Considering the role of consumers in the growth of the cultural industry, it is necessary to recognize their rights as consumers of the cultural industry. We reviewed whether the rights of cultural consumers could be recognized under the current law. As a result of reviewing the provisions of the Framework Act on Consumers, various cultural industry-related laws, copyright laws, and civil laws, Even if copyright violations are admitted, Considering the specificity of consumers of cultural products and the characteristics of the legal structure, it is difficult to find a basis for consumers to cancel contracts or claim damages under the current law. If the current law cannot solve the problem, a policy should be established to allow consumers to exercise their rights.\",\"PeriodicalId\":288398,\"journal\":{\"name\":\"Institute for Legal Studies Chonnam National University\",\"volume\":\"74 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-11-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Institute for Legal Studies Chonnam National University\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.38133/cnulawreview.2022.42.4.65\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Institute for Legal Studies Chonnam National University","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.38133/cnulawreview.2022.42.4.65","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
If the contents of a sound source or book, which can be said to be products of the cultural industry, violate the Copyright Act (plagiarism), can the consumer who purchased the product cancel the product purchase contract or claim damages? Wouldn't it be possible to constitute the same legal principles that consumers who purchased products from general industries as they can cancel the contract or claim damages if the purchased product is a violation of the law? Considering the role of consumers in the growth of the cultural industry, it is necessary to recognize their rights as consumers of the cultural industry. We reviewed whether the rights of cultural consumers could be recognized under the current law. As a result of reviewing the provisions of the Framework Act on Consumers, various cultural industry-related laws, copyright laws, and civil laws, Even if copyright violations are admitted, Considering the specificity of consumers of cultural products and the characteristics of the legal structure, it is difficult to find a basis for consumers to cancel contracts or claim damages under the current law. If the current law cannot solve the problem, a policy should be established to allow consumers to exercise their rights.