「전통무예진흥법」의 법리해석과 전망

Abstract

It is noted that Korean traditional martial arts haven’t received any conspicuous supports by the government policy since after liberated from Japanese occupation, comparing China and Japan. The fact is that Korean traditional martial arts have been excavated and operated by the martial arts players in a spontaneous fashion. Conclusions derived from the works related to this topic are as follows: First, on the policy issue related to traditional martial arts, the researcher could find an indication that there was a lack of interest in the traditional martial arts along with intensive promotion of sports events. Second, coming to the late part of 1980s, ‘tradition’ had begun to be recognized as a product having commercial value, and the most of existing martial arts started claiming to stand for ‘tradition’. In addition, newly organized martial arts sectors have also argued that they pursue traditional martial arts. As a result, 「Traditional Martial Arts Promotion Act」has been enacted. Third, with enactment of 「Traditional Martial Arts Promotion Act」as momentum, the research could have confirmed that there were no legal guarantees, which would insure 100 percent of all liberalized activities of the martial arts society. Fourth, considering the fact that recognition of Korean traditional martial arts in international society has been growing, it is thought that the traditional martial arts being legally supported would be developed as activities that would be more guaranteed.