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집행절차에 있어서 도메인이름 - kr도메인에 한정하여 -Domain Name Issues in Enforcement Procedure

Other Titles
Domain Name Issues in Enforcement Procedure
Authors
김경욱
Issue Date
2008
Publisher
한국경영법률학회
Keywords
domain name; enforcement procedure; bankruptcy; bankruptcy trustee; attachment on domain names; 도메인이름; 집행; 파산; 파산관재인; 도메인이름의 압류
Citation
경영법률, v.18, no.4, pp.485 - 516
Indexed
KCI
Journal Title
경영법률
Volume
18
Number
4
Start Page
485
End Page
516
URI
https://scholar.korea.ac.kr/handle/2021.sw.korea/124759
ISSN
1229-3261
Abstract
Internet domains have become a commercial commodity thanks to the economic value attached to them. As a matter of fact, there have been some incidents in which people who had no economic ties to certain domain names acquired them for economic gain thanks to the first-to-file system for domain name registration. The scarcity of simple domain names with lasting impression places more economic value on domain name transactions. In this connection, whether a domain name could be subject to the enforcement of judgment and execution when an owner of such domain name enters into a financial default is a real life issue. Related issues include whether such domain name could be liquidated and included in a bankruptcy estate and, if so, what problems would exist in such a case. In this paper, a brief overview is made regarding the possibility of the enforcement of judgment and execution over domain names in the areas of individual execution and then detailed discussions are made regarding (i) attachment on domain names in executions and related limitations and (ii) issues relating to the administration and disposition of domain names by bankruptcy trustees.
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