중요무형문화재 “택견”의 보호와 육성을 위한 법정책적 소고

Abstract

Taekgyeon was designated as National Important Intangible Cultural Heritage No. 76 for the first time in Korea in the field of the martial arts and also was selected by UNESCO in 2011 as the Masterpieces of the Oral and Intangible Heritage of Humanity for the first time as the world traditional martial art. Taekgyeon, which is recognized as its cultural value here in Korea and abroad shall now get out of the national boundary to enter the world market to become a martial art which the people around the world can enjoy. As the framework of current Cultural Heritage Protection Act is focusing on the policy of keeping and protecting the traditional cultures as they are, now is the time to break away from that exclusive policy and shall take the active measure to make it a world marital arts while respecting its original form and characters. Especially as Taekgyeon is valuable not only in the perspective of the cultural heritage but also in the perspective of traditional sports which all people around the world have to make efforts to keep it, it is required to support it and help it to develop it further in a systematic way. The Promotion of Traditional Martial Arts Act of 2008 aims to designate the traditional martial arts which have the cultural value and help them to develop. However, due to the lack of the legal shortcomings and lack of capability of the related authorities including Ministry of Culture, Sports and Tourism, as well as the conflict of interest between traditional martial artists and groups, the act have not played its roles in accomplishing its original purposes. So, the new changes have been tried through the significant revision of Promotion of Traditional Martial Arts Act and its Enforcement Decree. However, as there are a lot of conflicts or differences in opinions in establishing the criteria and procedure for designation and support of traditional martial arts between the traditional martial arts groups, a lot of difficulty is expected in establishing the draft for revision of acts and establishment of basic plan. As the Taekgyeon has been designated as one of Masterpieces of the Oral and Intangible Heritage of Humanity, it is necessary that it shall be designated as the cultural heritage for support and the active measure shall be implemented to help it. First of all, the following have been reviewed; the plan that the purchasing of insurance becomes mandatory for experts, trainers and trainees of Taekgyeon to protect them from accident and the premium shall be subsidized by Government. Also, it is recommended that the trainees of Taekgyeon are to be covered by the insurances during their participation in the exercise and competitions according to the systematic support. Further, as a way to protect and keep the cultural value of Taekgyeon, and considering the characteristics of traditional sports and cultural features, the making it a commercial game, performance event, and college subject for systematic education have been proposed. These supports for Taekgyeon shall be accompanied by the cultural exchanges with other domestic and international martial arts group, cultural groups and colleges and universities. Accordingly, the preparation of proper legal system and policies shall be made for them. Accordingly, for the protection and support of Taekgyeon, which is the important intangible cultural heritage, the revision of Intangible Cultural Heritage Act and Promotion of Traditional Martial Arts Act shall be revised. In addition, the independent legal system for the intangible cultural heritage only should be established through the rapid promulgation of act on the Protection and Promotion of Intangible Cultural Heritage.