홍수정 기자 soojung@lawtimes.co.kr 2020-03-06 오전 11:34:24


Specialized standard contracts will be introduced to protect the rights and interests of film exporters and importers.

The Korean Commercial Arbitration Board (KCAB) (Chairman Shin Hee-taek) announced on March 6th that they have begun working with the Korean Film Council (Chairman Oh Suk-geun) to develop standard contract forms to help resolve international disputes that may arise from importing and exporting films.

The two organizations had signed a business agreement during the 23^rd Busan International Film Festival in 2018, and have been working together to utilize the international arbitration system in the film industry. Drafting this standard contract form has been a part of this collaboration.

The standard contract forms which are being drafted will include related dispute resolution provisions for resolving international disputes using the arbitration system.

As the main authors, S&L Partners’ foreign attorney Shin Suh-Young (Senior U.S. Attorney), Attorney Song Mi-ran (42, 35th Class of the Judicial Research and Training Institute), Foreign Attorney Lee Sang-yeop (U.S. Attorney) at the KCAB International, Attorney Jang Seo-hee (43, 1st Bar Examination), and Kim Sang-yoon, Vice Chairman of the Korean Film Importers and Distributors Association will participate. Hong Seung-gi (61, 20^th), Dean of Inha University Law School, will serve as an editorial supervisor, while Kwon Hee-hwan, the head of the KCAB International, will serve as an advisor.

The two organizations will continue to collaborate on researching and developing various types of standard contracts within the film industry.

Dean Hong said, "There have been many cases in which people in film industry suffered from unreasonable deals because terms of contracts regarding the export and import of movies were not clear." He further added,  "By publishing detailed manuals to promote the market for importing and exporting Asian films including Korean films as well as to contribute to promoting fair transactions, Our goal is to go beyond just making standard contracts.”

 Attorney Shin explained that “Contracts related to movie imports and exports are the most widely used in the film industry, yet at the same time, they are a type of contracts that are very likely to be lacking in fairness.”

This is the second time that KCAB is working on standard contracts in the field of culture and art. In the past, the KCAB, along with the Korea Entertainment Law Association, created a standard arbitration clause for exclusive contracts for entertainers. Later on, this clause had been incorporated into the standard contracts provided to the industry by the Fair Trade Commission.

"In the future, we would like to develop standard contracts with standard arbitration clauses by collaborating with various industries in the entertainment sector," Chairman Shin said. "We want to prevent any potential conflicts in advance, and create an environment for fair transactions so that the members of the entertainment industry can all benefit from a win-win situation.

Source [Law Times Korea]
https://m.lawtimes.co.kr/Content/Article?serial=160050