문화법정책의 이론과 실제

Abstract

‘Culture’ is one of the words used in many ways. So the subject and methods of cultural law and policy can vary according to the way ‘culture’ defines. If it defines as artistic activities and works in a narrow sense, the territory of culture would be limited to the genre meaning, and the group related to culture could be limited to the artists as the category of profession. Whereas, if it defines as the entire way of lives in a broad sense, cultural law and policy would cover every sphere of human life. The range of the understanding of culture has been broadened through the definitions of Cultural Heritage in ‘Cultural Heritage Protection Act’, Culture and Arts and Cultural Industry in ‘Culture and Arts Promotion Act’ and Cultural Industries in ‘Framework Act on the Promotion of Cultural Industries’ until ‘the Framework Act on Culture’ was enacted on December 30 2013. Before 1995 when Cultural Industry Bureau that handled cultural law and policy was newly established in Ministry of Culture, Sports and Tourism, culture was accepted as culture and arts, and from 1995 to 2001 culture was accepted as industry, from 2002 to 2005 culture was accepted as contents. However, the concepts of culture have turned to the overall ways of life since 2006. Therefore, cultural law and policy is public policy which covers legislation, revision, or abolition of laws relating to culture and improvement of related systems. Today world’s major countries have interests in cultural welfare, living culture, and regional culture and they have a tendency to value on the industrial and the economic aspects of culture and arts. Also, the range of cultural law and policy is changing from cultural producer-oriented to cultural consumer-oriented and the range of policy target is being expanded from High culture or Fine arts to cultural industries and Media Art. Since 1990’s in Korea, Cultural welfare policy including improvement of accessibility and educational opportunity has been emphasized. Moreover, the range of cultural law and policy have increasingly a tendency to connect with economy policy, information and communication policy, diplomacy, and education policy and to implement comprehensive policy. For these reasons on December 2013, ‘the Framework Act on Culture’ was enacted under the legislative purpose: to prescribe the rights of nationals and the duties of State and local governments with regard to culture, and to provide for the direction of cultural policy and basic matters for implementation, thereby raising value and statue of culture and contributing to improvement of the quality of lives and the social development of the nation. It means that legislative requirements has arranged for liaison, establishment or efficient implementation of the comprehensive cultural law and policy between cultural policy government departments and others. Furthermore, ‘the Local Culture Promotion Act’ for the realization of cultural decentralization was enacted on January 28 2014 and will be enforced from July 29 2014. These changes need a major alteration in the theory and practice of cultural law and policy in Korea. Accordingly, this paper is analyzing the concepts, range and theoretical background of cultural law and policy, setting future-oriented cultural law and policy’s direction and idea, and establishing and suggesting the structure of cultural laws and the characteristics.