「전통무예진흥법」 개정에 대한 검토

Abstract

The purpose of this study is to examine the legal contents for the revision of the 「Traditional Martial Arts Promotion Act」. The conclusions to this are as follows. First, the 「Traditional Martial Arts Promotion Act」 was enacted as Act No. 9006 on March 28, 2008. The order of provisions is Article 1, the purpose, Article 2 ,the definition, Article 3, the establishment of a basic plan for the promotion of traditional martial arts, etc., Article 4, the responsibility of the national and local governments, Article 5, the promotion of traditional martial arts organizations, Article 5-2, the establishment of the UNESCO International Martial Arts Center, the establishment of the UNESCO International Martial Arts Center, Article 6, the development of traditional martial arts leaders, and Article 7, the entrustment of the authority. Second, the 「Enforcement Decree of the Traditional Martial Arts Promotion Act」 was enacted as Presidential Decree No. 313138 on March 25, 2009. The order of provisions is Article 1, purpose, Article 2, basic plan for the promotion of traditional martial arts, Article 3, grade of traditional martial arts leaders, etc., Article 4, qualification test for traditional martial arts leaders, etc. and supplementary provisions. Third, major revisions to the 「Traditional Martial Arts Promotion Act」 has been enacted for six times. ①Revision of Article 2, the definition on March 27, 2015 (Act No. 13248) ②Article 5-2, The UNESCO International Martial Arts Center was established on November 28, 2017 (Act No. 15063). ③Article 5 (Act No. 17416) Fostering Traditional Martial Arts Organizations and Article 7, Revising the Entrustment of Authority on June 9, 2020. ④On December 22, 2020 (Act No. 17718), Article 3-7 Additional contents of quarantine matters were inserted, and Article 3-8 was newly established. ⑤Article 3 (Act No. 18014) ,the establishment and revision of a basic plan for the promotion of traditional martial arts etc. on April 13, 2021. ⑥Revision of other laws within the definition of Article 2 on August 8, 2023 (Act Article 19588). Fourth, the comparison for the revision of the Traditional Martial Arts Promotion was targeted through ①「Traditional Martial Arts Promotion Act」 Act No. 19588), ②「The entire amendment to the Traditional Martial Arts Promotion Act」 (2022) proposed by Representative Lim Oh-kyung, and ③Dr. Sung Moon-jung's 「Study on Improving Traditional Martial Arts Promotion Legislation」 (2023) Fifth, Examining at the difference in legal provisions, the existing 「Traditional Martial Arts Promotion Act」 consists of 7 provisions and 3 supplementary provisions, and the 「The entire amendment to the Traditional Martial Arts Promotion Act」 (2022)by Rep. Lim Oh-kyung, consists of 13 provisions and supplementary provisions. Dr. Sung Moon-jung's 「Study on Improving Traditional Martial Arts Promotion Legislation」 (2023) consists of 21 provisions. Through this, compared to the existing 「Traditional Martial Arts Promotion Act」 six provisions were added to the Lim Oh-kyung’s entire amendment, and 14 provisions were added to Dr. Sung Moon-jung's research on legal improvement. Sixth, three advantages and four disadvantages were found through the comparison of the entire amendment of Rep. Lim Oh-kyung and Dr.Sung Moon-jung's legal improvement plan. As described above, as a result of a comprehensive review of the contents of the revision of the 「Traditional Martial Arts Promotion Act」, it is found that the 「Traditional Martial Arts Promotion Act」 needs to be revised starting with Article 2 ,the definition as a whole.