國家에 의한 藝術支援의 法的 問題點

• 영문명: Legal Problems concerning the State"s Supports for the Arts
• 발행기관: 중앙대학교 법학연구원
• 저자명: 이준형(Lee Joon-Hyong)
• 간행물 정보: 『법학논문집』法學論文集 第30輯 第1號, 37~53쪽, 전체 17쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.08.30

영문 초록

  The modern state actually support the arts in several ways, and there can be hardly found criticism against the support any more; to a legal scholar(above all as a constitutional law matter) the question still remains, whether the state is mandated with an obligation(or a right) to support artists as well as their activities. In addition, if the question be answered positively, another one will arise: what could and should really be taken aim by the supports?
  This article sequently scrutinize into the following questions: whether the artistic freedom(art. 22 I of the Korean Constitution) can be in harmony with the modern doctrine of culture state, subject to selective(i.e. discriminative) supports; whether the legal meanings of “arts” should be relatively conceptualized in different laws, including the constitution, copyright law, criminal law, culture protection law as well as culture promotion law; whether copyright system, originally prepared by the state for incentives to artists as indirect support, could be burdensome to other ones, on the contrary; and finally legal problems of national endowment as direct support.
  All those mentioned above, required us to turn about to see aim(s) of national supports to artists. In a liberal society, these are probably impartial supports for spreading, not evaluating, every kind of culture. So, a state can support individual artists and their activities, consume their works, supply them with possible public helps and tax benefits; among them, all the topics but for the last were mentioned here.
  The meaning of arts will reach so far that the state is susceptible to a great temptation to maneuver artistic activities as it wants, which always runs counter to our constitutional order. In conclusion, the state has a duty of impartiality as censor, consumer as well as benefactor.

목차

Ⅰ. 總論
Ⅱ. 各論
Ⅲ. 맺음말
〈Abstract〉

키워드

예술의 자유(artistic freedom) 문화국가원리(doctrine of culture state) 예술지원(state" s supports for arts) 저작권(copyright) 국가의 중립의무(state" s duty of impartiality)