지역 축제 등 행사의 운영·관리 및 책임에 관한 법리 - 프랑스의 문화적 공역무 법제를 통한 지역 축제의 공법적 규율을 중심으로 -

Abstract

Since local autonomy, many regions have been holding various festivals and events. Cultural events can enhance the regional image and provide a driving force for local autonomy, the development of local culture, and regional development through various tourism profits. Activities related to ‘promotion of local culture and arts’ are autonomous affairs of local governments and correspond to public service. The realm of culture is significantly different from the general administrative realm, which is conducted in a standardized manners according to laws and regulations. The cultural field is not something that can be created by force, and is greatly protected by fundamental rights such as freedom of expression. The promotion of local culture should move in the direction of establishing a foundation that guarantees and encourages citizens cultural life. Various cultural events and festivals hosted by local governments vary in content and purpose, and the organization or method of carrying them out is not fixed. In order to ensure the efficiency of administrative operations and actively utilize private sector and private creativity, the hosting and operation of events are sometimes entrusted to private companies or organizations. Local cultural events by local governments should not lose their public character by focusing only on economy and efficiency, and it is necessary to guarantee the possibility of a minimum level of public regulation for public interest. Numerous festivals being held in local governments are often difficult to derive local identity or public interest compared to commercial ones. In order to develop local culture and ensure the effectiveness of local government affairs, the public nature of local festivals should be considered. And administrative management, supervision and responsibility that are not limited to the safety management area should be established as a comprehensive and systematic legal system. France law systems apply the principles of public law to various cultural events of local governments through the concept of service public culturel. Even if it is a one-time event, if it has uniqueness and characteristics as a local festival, it can be regulated by public law rather than private law. In addition, by establishing a theoretical foundation based on laws and precedents, it is possible to respond more actively to various problematic situations that may arise regarding local government events. It is not desirable to recognize public character for all events of local governments, and it is not an efficient way to carry out. However, there is a need to look at the process from the planning stage of the event to progress and completion from a public law perspective, not limited to the identification of liability issues. France's concept of service public culturel and related theories may be a meaningful reference in developing and accumulating legal principles regarding our local festivals.