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엔터테인먼트 산업에서 조정에 의한 분쟁해결방법 개발의 필요성

Authors
함영주
Issue Date
2010
Publisher
중앙대학교 법학연구원 문화.미디어.엔터테인먼트법연구소
Keywords
소송대체분쟁해결방안(ADR,Alternative Dispute Resolution); 분쟁해결의 촉진자(facilitator); 비밀유지(confidentiality); 사업관계 지속 선호(possibility of maintaining business relationships); 상당한 전문 지식(special knowledge); 체면 세워주기(face saving); 체면의 회복(face-restoration); 경험 많은 중립 전문가(neutral advisors with experiences); 법적 기반(legal infrastructure); 동방신기(TVXQ,Dong Bang Shin Gi)
Citation
문화미디어엔터테인먼트법, v.4, no.2, pp 221 - 255
Pages
35
Journal Title
문화미디어엔터테인먼트법
Volume
4
Number
2
Start Page
221
End Page
255
URI
https://scholarworks.bwise.kr/cau/handle/2019.sw.cau/34258
ISSN
2092-6138
Abstract
The "Korean wave" or "Korea fever" (한류(韓流) in Korean pronunciation), which means the significantly increased popularity of South Korea culture, has been spreading widely around the world. South Korea became one of the most important cultural exporters today. The Korean wave began with the export of Korean TV dramas, and spread to Korean movies, Korean pop music and food. Along with the increased popularity of Korea culture, disband and entertainment contract concerned problems also rising. Dong Bang Shin Gi(동방신기 in Korean pronunciation, Tong Vfang Xien Qi in chinese)'s lawsuit against S.M. Entertainment could be one of the examples. S.M. Entertainment also sued against the three members - Xiah, Hero, and Micky. This ongoing legal debates between the three members and the company have been progressing and it is widely viewed that there is a long way to go. Considering these all situations, it is high time to study more about "entertainment" and "mediation" in cultural fields. Mediation could be one of the efficient way to solve these problems. Entertainment mediation could be one of the most efficient dispute resolution to the entertainment disputes. Entertainment mediator has a capability to find out hidden needs or motives of the entertainers. It is also useful for him to take part in entertainment works. It is not always right "the cheaper, the better" in the entertainment fields due to the large amount of damage or loss. These following ingredients are very important to solve entertainment disputes; confidentiality between mediation and litigation process, protecting public images, speed of process, neutral advisors with experiences, volunteer organizations' help, fostering of mediation expertise, in-depth understanding of cultural characteristics of Korea.
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