문화산업 진흥법제의 개선방안 – 문화산업진흥 기본법 및 콘텐츠산업 진흥법의 정합성을 중심으로 –

Abstract

The main purpose of this paper is to propose a revision plan for the cultural industry and content industry related laws, considering the consistency of the laws and the relationship with related individual laws. First of all, the Cultural Industries Promotion Act is a law for the promotion of cultural industries, but there are also a number of content-related regulations. For this reason, although the Content Industry Promotion Act has the nature of a basic law related to content, it is understood as a subordinate law to the Cultural Industries Promotion Act, so it is meaningful to clarify the relationship between the two laws. Furthermore, it is necessary to consider revising the name of the Content Industry Promotion Act to the Content Industry Basic Act. To this end, we first conducted a literature review on the Cultural Industries Promotion Act and the Content Industry Promotion Act. First of all, there is an overlap in the content-related provisions of the Cultural Industries Promotion Act and the Content Industry Promotion Act. The Cultural Industries Promotion Act defines various types of content, including cultural content, digital cultural content, and multimedia cultural content. However, it is questionable whether it is meaningful to define various content-related definitions while categorizing them separately. This is because the content itself can be referred to as cultural content, educational content, industrial content, etc. depending on the state of digitization or purpose. It is also true that cultural content is not the same as digitized or non-digitized content. Furthermore, it is difficult to imagine content that is not in multimedia form, as it has the combined properties of various media. In the end, the definition of content can be seen as a typology of content or an illustrative list of the scope of content under the Ministry of Culture, Sports and Tourism's jurisdiction. If this policy intention is contained, it would be a reasonable legislative measure to move the content-related regulations to the Content Industry Promotion Act, as the Content Industry Promotion Act can be expected to serve as the basic law for content-related industries. Basically, I have proposed a revision plan for the Cultural Industries Promotion Act and the Content Industry Promotion Act, but since there are quite a few individual content industry laws, it is necessary to prepare a revision plan for redundancy and consistency with these laws. It is necessary to clarify the regulations for practical industry promotion and organize the regulatory attributes of the industry, rather than making mechanical and functional adjustments. In addition, since the issue of cultural creation in the AI(artificial intelligence) environment is also being raised, I would like to propose the formation and operation of the ‘Cultural Industry Legislation Improvement TF’.