외국인 공연추천제도의 공법적 고찰

Abstract

The recommendation of a public performance about a foreigner aims to protect the performance order and culture in korea from a foreign indiscriminate play arts. The existing system is based on both the Performance Act and the Immigration Control Law because this system is used as a recommendation of authorities for issuing of visas. But there are several pressing matters ; First, this system possibly violates the principle of prohibition of pre-censorship in the view point that the foreigner is examined before the performance. Second, the rules of the restriction reasons on recommendation have the vagueness and extensiveness. Third, the restriction reasons have an issue that keep not a clear and present danger but such concern about danger. Also, though the purpose may proper, this institute may be in violation of the anti-overrestriction principle, because the cultural exchange among nations is maneged not ex-post regulation way but pre-regulation way and it is raised a question on effectiveness and fairness of the recommendation that it only defends on images in practice. Therefore, it is proper that this institute should be abolished in the long term. But the recommendation procedure about a issuing of visa must be maintained, but it is necessary that the procedure should be switched from the contents-based regulation way to the formal examination way.