독일의 `예술가사회보험법`에 관한 소고

• 영문명: A Study on the Legislation of Artists Welfare-Focused on Künstlersozialversicherungsgesetz(KSVG) in Germany-
• 발행기관: 유럽헌법학회
• 저자명: 김수갑(KIM, Su Kab)
• 간행물 정보: 『유럽헌법연구』제14호, 99~122쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.12.31

국문 초록

다수의 예술가들은 그 활동에 걸 맞는 사회적 지위나 수입이 없는 것이 현실이다. 독일의 경우 `예술가사회보험법`을 제정하여 예술가의 복지정책에 모범을 보이고 있다. 예술가에게 `노동자성`이 있는가 여부라는 관점에서 접근하기 보다는, 예술가의 작품을 사용하고 시장에 매개하여 소득을 얻는 자에게 예술가사회세(부담금)을 인정하면서 예술가의 사회보험 적용을 인정하고 있는 독일의 예가 현재 시행되고 있는 한국의 예술인복지법 운용과 개선에도 좋은 시사점을 줄 것으로 생각된다.

영문 초록

`Artist` is taken to mean any person who creates or gives creative expression to, or recreates works of art, who considers his artistic creation to be an essential part of his life, who contributes in this way to the development of art and culture and who is or asks to be recognized as an artist, whether or not he is bound by any relations of employment or association. UNESCO defined `status of artists` in `Recommendation concerning the Status of the Artist` as follows: on the one hand, the regard accorded to artists, defined as above, in a society, on the basis of the importance attributed to the part they are called upon to play therein and, on the other hand, recognition of the liberties and rights, including moral, economic and social rights, with particular reference to income and social security, which artists should enjoy. European countries ensure the welfare of the artists with laws and policies. Especially, the case of Germany which established the `Artists Social Insurance Act`(Künstlersozialversicherungsgesetz-KSVG) is good model for the welfare of the artists. The Artists Social Insurance Act in Germany was enacted by legislator in order to remedy defects which were not guaranteed by social insurance because of unclear and unstable employment status of an independent artists, The decision of the Federal Constitutional Court on the `Artists Social Insurance Act` was a landmark. That is, decision was done from the approach on the responsibility of people who use the works produced by the artist in the market, not on the worker status of artists. Artists protected by `Artists Social Insurance Act` in Germany are ones who engage in livelihood activities, and its activities are not similar to the employees. Artists in this act is defined as people who create, conduct, or educate music, dance arts or visual arts, In addition, publisher in this act means writer, journalist, or doers of publishing activities in different ways. Insurance Obligation is exempt to artists who does not exceed ？？ 3,900 in the year`s labor income(Arbeitenkommen). Finances of Artists Social Insurance are consist of premiums paid by the insured (50%), taxes(Künstler-sozialabgabe) which is paid by companies and operators that use artists(30%), federal subsidy(20%). Artist Social Institute(Kunstlersozialklasse) is enforcement organ of the Artists Soial Isurance and determine eligibility of dependent(self) artists, obligations of artists. `Artists Welfare Act` in South Korea was enacted with extremely abstract form according to opposition of government department and Federation of Korean Industries. Pension Insurance and Health Insurance coverage were excluded, Artists only may be subject to receive compensation in accordance with the Industrial Accident Compensation Insurance Act. I think, we should approach from the point of responsibility of people who use the work produced by the artist in the market, not from the worker status of artists. That is effective measures to protect the status of artists, And the establishment of professional organizations which determine the Insurance Eligibility and Obligation of artists is urgent task.

목차

<국문초록>

Ⅰ. 서론

Ⅱ. 독일의 '예술가사회보험법'

Ⅲ. 한국의 '예술인복지법' 운영에의 시사점

Ⅳ. 결론

<참고문헌>

키워드

예술가의 사회적 지위 예술인복지법 독일의 예술가사회보험법 예술가사회세 예술가사회금고 social status of artists Artists Welfare Act `Artists Social Insurance Act in Germay`(KSVG) Artists Social Taxes(Kü nstlersozialabgabe) Artist Social Institute(Kü nstlersozialklasse)