현행 도서정가제 규정의 직업수행의 자유와 소비자 자기결정권 침해 여부에 대한 헌법학적 검토

초록

This study shows a new approach in evaluating the constitutional meaning of books as cultural value, which is the foremost supporting evidence for today’s fixed book price system. Considering the contemporary market dynamics evolving with rapid growth of e-books and web-publication (web novel, webtoon), this study questions the constitutionality of fixed book pricing and government enforcement around the system that was codified in law in traditional market of printed books. The fixed prices, once fulfilled its obligation to foster books as essential cultural goods, is called into question for being applied as a single regulation in the extensive landscape of new media environment, failing to reflect diverse social dynamics around publishers and readers. The Constitutional Court should declare unconformable to constitutional law on the fixed price system. Furthermore, experts, interested parties and citizens must deliberate on legal amendment after thorough balancing of public interest and market interest around book pricing system. Web publication is better characterized as digital culture contents equivalent to Youtube, Netflix or OTT, based on what it delivers, in which format it delivers. Web publication nowadays is a widely disseminated product of entertainment industry, having cultural aspect at the same time. Thus it better fits into the frame of entertainment and needs to be grouped separately under dedicated legal system.

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