유네스코 예술가지위에 관한 권고의 배경과 시사점

• 영문명: Some Suggestions from the context of the UNESCO’s Recommendation Concerning the Status of the Artists
• 발행기관: 중앙대학교 법학연구원
• 저자명: 허권(Huh Kwon)
• 간행물 정보: 『법학논문집』法學論文集 第30輯 第2號, 21~37쪽, 전체 17쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.12.30

영문 초록

  The adoption in 1980 of the Recommendation concerning the Status of the Artists raised hopes among artists of all categories of a substantial improvement in their professional and social situation. In line with the mandates laid down in the UNESCO Constitution, the Organization has been drafting some international standard-setting instruments in their competence of education, science, culture and communication. The 1980 Recommendation is just one of instruments designed to promote and protect the rights of artists in Member States.
  However, taking into account the specific nature of artists in society, we need to review some additional conventions and recommendations which were adopted for the cultural development, copyright, cultural heritage, cultural diversity and cultural participation.
  Although the 1980 Recommendation is a wide and comprehensive document, it is widely believed that it could be regarded as the principal text relating to the status of the artist. The General Conference of UNESCO recognized the importance of the role played by the artist in society and urgedgovernments to help create and sustain the material conditions facilitating the release of this creative talent. Following this appeal, some Member States had either ratified the law on the status of artists (Canada 1992) or supplemented and amended the relevant laws.
  It seems to be inevitable for Korea to partly introduce some of suggestions into national legislation to safeguard the creative rights of artists in society and promote their roles for national development. The urgent actions should betaken by lawmakers and administrators. Careful reviews need to be made in defining the scope of artists, status and arts before their legal application. Also we need to identify the balance of other intellectual and industrial manpower in various areas including working environment, employment, pension, medical and tax benefits. If we decide to support the status of artists, a scientific monitoring system need to be developed to identify the current situation of arts, impact of the legal supporting actions, and balance with other sectors.
  In addition to the government-led initiatives, a very specific measure should be arranged to establish a strong sense of ethics among the artists and arts association which would be very important to gain some justification from the people with regard to the support for artists in society.
  However, respect for artists and art-related activities is beyond the mere application of legal provisions. As mentioned in the preamble of the 1980 Recommendation, the government should make every effort to promote the free and balanced critics among different genres of arts. Careful attention should be laid on the right of expressions and academic researches.

목차

Ⅰ. 배경
Ⅱ. 열악한 예술가의 지위
Ⅲ. 유네스코 채택 국제문서
Ⅴ. 유네스코의 후속사업
Ⅵ. 정책적 고려사항