지역문화창달을 위한 지역문화진흥조례의 법적검토

Abstract

This study analyzes the structural limitations of local culture promotion ordinances in South Korea and proposes reforms to improve their legal and policy effectiveness. Although many local governments have enacted such ordinances following the Framework Act on Regional Culture, they often replicate national law or consist of vague, declarative statements. These ordinances frequently lack clear implementation mechanisms, funding plans, and coordination frameworks, reducing their practical utility and causing conflicts with other existing ordinances. To address these problems, the study examines international cases from Japan, the United States, and France. In these countries, local governments utilize ordinances to actively promote local culture, emphasizing local autonomy and legislative autonomy. Their systems balance national policy frameworks with region-specific needs, creating effective, community-based cultural governance models. Based on this comparative analysis, the study suggests four reform directions: (1) clarify the legal relationship between national law and each ordinance, particularly the local culture promotion ordinance; (2) differentiate and coordinate the roles of metropolitan and municipal governments; (3) integrate and streamline overlapping or inconsistent ordinances; and (4) enhance enforceability by simplifying or removing ineffective provisions. This study argues that strengthening both local autonomy and legislative autonomy is essential to transform the local culture promotion ordinance from a symbolic document into a functional policy tool. Through such reforms, ordinances can more effectively protect cultural identity, promote diversity, and build resilient regional cultural ecosystems. Ultimately, this approach will support cultural democracy and sustainable local governance.