데이터 상속 = Data Inheritance

다국어 초록 (Multilingual Abstract)

As Information and Communication Technology (ICT) rapidly advances, information that was previously processed in an analog manner in offline environments is now being processed in the form of digitized data online. Due to the characteristic of having a marginal cost of zero for processing, data once created can be infinitely replicated and distributed on the internet without being extinguished. Therefore, the question arises as to whom the data processed by the deceased during their lifetime should belong, bringing up the issue of ‘data inheritance’. Specifically, the issue is whether data inheritance can be resolved in a theoretically and practically reasonable and valid manner under the provisions and interpretations of existing inheritance law, or whether new legislation is required to address data inheritance. Regarding the above issue, this paper argues as follows.
① Although data is not considered a ‘thing’ under civil law, it should be regarded as property within the context of civil law (especially in inheritance law). This does not change even if the ideas represented by the data have personal value. ② The key issue in data inheritance is whether the status of the decedent under the online service contract with the service provider is inheritable, or whether the data processing rights held by the decedent under the contract are inheritable. ③ While it cannot be definitively asserted that the status under the contract is universally inheritable, in many cases, it is difficult to view the status under the contract as being inheritable based on substantive law provisions and case laws. ④ Even in cases where the status under the contract is not inheritable, unless there are specific circumstances to the contrary, the heir inherits the authority over data processing rights held by the decedent under the contract, particularly the authority to back up data, known as the ‘data backup right’. Through this, the heir effectively gains ownership of the data’s economic value.
In conclusion, the core argument of this paper is that the issue of data inheritance can be reasonably and validly resolved to a considerable extent within the provisions of substantive law and the current legal principles of inheritance law. Still, there is an ongoing need for discussions to strengthen the self-determination rights of the decedent concerning data through legislation or soft law.