예술가의 사회적 지위 보장을 위한 법제연구

A Study on the Legislation to Secure Social Status of Artists

'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. '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. In order to realize artists welfare effectively, it is needed to harmony with relevant laws such as existing labor laws, copyright laws, culture and arts promotion act in the short term. But in the long term, we should secure artists welfare as a part of the special social security system(Employment Insurance, Health Insurance, Industrial Accident Insurance, Pension Plan etc.) under the recognition of social characteristics of artists's activities. To do this, funding is essential and the scope of artists as a target beneficiaries is to be objectified. In order to improve the system, legislation s of many countries of Europe could be a good reference.