캐나다 예술가지위법에 관한 연구

• 영문명: A Study on the Canadian Status of Artist Act 1992
• 발행기관: 중앙대학교 법학연구원
• 저자명: 서헌제(Suh Hun-Je) 정재곤(Chang Chae-Gon)
• 간행물 정보: 『법학논문집』法學論文集 第30輯 第2號, 39~70쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.12.30

영문 초록

  It is noticeable that Canada did enact “the Canadian Status of Artist Act 1992” to support economic and legal status of artist corresponding to their creativity and contributions to the cultural life of Canada.
  In Korea, the characteristics of artist as laborer is also admitted and they are restrictively under the protection of them by labour law and copyright law. But it is needed to recognize the legal status of artist differently from other laborers because of their creativity and bohemianism.
  But artists are commonly isolated from the protection of general labour related laws and don"t have any financial aids matching to their creativity except for few famous writers and entertainers. So it is suggested to fill the legal vacuum. In this respect, “The Canadian Status of Artist Act 1992” is very suggestive to us.
  “A draft bill of Arts Promotion Act” includes some articles relating to ensure the status and right of artist, but those articles seem to be almost declaratory and abstract one. It is to be desired rather the enactment of single 『Status of Artist Law』 than adding several articles to the existing “Arts Promotion Act 1972”. For that purpose, it is necessary to review and analyze profoundly about “the Canadian Status of Artist Act”
  Taking into account of the limitation and defects “the Canadian Status of Artist Act 1992” as labour law, the proposed 『Status of Artist Law』 should be more comprehensive legislation that covers social security and tax benefit.

목차

Ⅰ. 캐나다의 문화예술정책과 법
Ⅱ. 예술가지위법의 입법과정
Ⅲ. 예술가지위법의 주요 내용
Ⅳ. 예술가지위법의 문제점
Ⅴ. 결론-비교법적 검토 및 시사점
〈Abstract〉

키워드

예술가지위법(Status of Artist Act) 캐나다컨텐츠(Canadian contents) 캐나다 문화부(Department of Canadian Heritage) 캐나다 문화정책(Canadian culture policy) 예술가(artist) 노동법(labour law) 저작권법(Copyright law) 예술진흥법(Arts Promotion Act) 캐나다위원회(Canadian Council on the Status of the Artists) 예술가협회(association of artist) 제작자(producer) 캐나다예술가ㆍ제작자관계심판소(Canadian Artists and Producers Professional Relations Tribunal: CAPPRT) 인증(certification) 스케일협정(Scale Agreement) 단체교섭(bargaining) 압력행사(pressure tactic) 예술가의 근로자성(the characteristics of artist as laborer) 팔길이 원칙(arm" s length principles)