This research aims to improve the 1aw, institution and policy for the intangible cultural assets through analyzing various institution and their problems that are found in the designation and preservation process with legislative studies of japan and chines situation. The cultural property protection law in Korea was first promulgated, as Law No.961 in 1962. It stated purpose was to ensure the traditional forms of Korean culture would be preserved or revitalized. It is normally recognized as active action for the preservation. However, it is a very passive policy that only protects intangible cultural assets that were designated. Another feature of korean intangible cultural asset system is that rather than regard the designation of heritage items as its only goal, it also provides a system for continuing the transmission of items. This transmission system is highly refined and structured. Those who are designated as Living Human Treasures transmit to trainees the techniques of their art. In Korea's past, artists were looked upon with contempt rather than esteem. However, the cultural heritage system now gives these performers not only economic compensation but also greater prestige and individual self-respect. To solve many problems of the intangible cultural asset policy, the systematic legal studies of public-interest and cultural human right is needed. secondly, in the modern education system the intangible cultural assets must be transmitted form generation to generation. Thirdly, the mass-media has to play a more significant role to protect it. Finally, rather than given the same amount of financial support to each designated performer, it would be better to consider the financial needs of each type of art and customized the level of support provided.
목차
Abstracts I. Legislation for Protection of Cultural Heritage and Changes in Related Policies 1. Background of Legislation on Protection of Intangible Cultural Heritage 2. History of Legislation on Protection of Intangible Cultural Heritage II. Statutes and Policies of Foreign Countries for Protection of Cultural Heritage 1. Legislation and Policies of Japan for Protecting Cultural Heritage 2. Legislation and Policies of Taiwan for Protection of Cultural Heritage 3. Protection of Intangible Cultural Heritage in Other Countries III. Inadequacies in Current Legislation for Protection of Intangible Cultural Heritage and Tasks for Improvement 1. Direction-Setting for Improving Legislation for Protection of Intangible Cultural Heritage and Limitations thereon 2. Problems in Designation and Recognition of Intangible Cultural Heritage and Tasks therefor 3. Problems in Preservation, Transmission, and Disclosure of Intangible Cultural Heritage and Tasks therefor 4. Tasks for Improvement concerning Education for Transmission of Intangible Cultural Assets and Subsidies for Transmission 5. Tasks of Improvement for Cancellation of Intangible Cultural Heritage [References]
동국대학교 비교법문화연구원 [The Institute of Comparative Law and Legal Culture]
설립연도
2000
분야
사회과학>법학
소개
본 연구소에서는 세계 각국의 새로운 법률제도를 그때그때 입수하여 이를 소개하고 한국 실정에 접목가능성을 연구·분석한다. 아울러 본 연구소는 국내의 각종 학술단체, 연구소, 연구기관과의 교류를 증진함은 물론 외국대학의 연구소와 공동연구를 통해 외국의 법문화와 학풍을 소개함으로써 대외적인 학풍선양에도 기여하게 함을 목적으로 한다.