한국 전통무예의 헌법상 지위 고찰 - 택견을 중심으로 -

Abstract

This study is to find out the constitutional status of the korean traditional martial arts focused on Taekkyon by the methodology of analyzing documents. To raise the status of the traditional martial arts in the right aspect, I examined the articles and clauses about the general right on the Constitution, the cases of the Constitutional Court and several theses which were related taekkyon. The results are as follows: First, they did not institute the articles and clauses about traditional martial arts and ‘taekkyon’, thus we need to construe harmoniously the rights related with traditional martial arts and the articles of the General Rights on the base of Article 37(1). Second, traditional martial arts has the status of the cultural right under the Preamble to the constitution, Article 9 ‘traditional culture & national curture’, 10 ‘human dignity & guarantee fundamental human rights’, and Article 69 ‘inauguration oath of the President’ in the Constitution. Third, traditional martial arts has the status of the civil liberties under the Article 12 ‘personal liberty’, 14 ‘freedom of residence’, 15 ‘freedom of occupation’, 21(1) ’freedom of assembly and association’ and Article 22(1) ‘freedom of learning’ in the Constitution. Fourth, traditional martial arts has the status of the social rights under the Article 31(1) ‘right to receive education’ and 36(3) ‘the right of health’ in the Constitution. They have enacted the Traditional Martial Arts Promotion Law and an Enforcement Ordinance to promote traditional martial arts being worth in culture. But they didn't put in force the law yet because they didn't enact the Enforcement Regulation and conflicts between the martial arts groups about being made select as a body. Taekkyon is the only item being under the protection of the Cultural Properties Protection Law. But there are lots of martial arts which are worth being protected in Korea. I think we need to study lively from the aspect in rights of traditional martial arts.