문화도시 육성을 위한 헌법적 근거와 바람직한 법체계

Since 2000, the Korean central government and local governments have claimed to advocate cultural city policies but failed to establish a successful model so far. This is because they do not find the grounds and methods of developing a cultural city from a cultural community mentioned in the Constitution; rather, local governments simply expect the central government support without principles and the heads of local governments seek for political interest. With regard to this issue, this study examined the concept and components of a cultural city and pursued to provide constitutional basis for the theory of cultural city by finding the constitutional grounds for developing a cultural city from the guarantee of basic rights related to the principle of a cultural nation. In addition, this study proved that to pursue appropriate legal systems for developing a cultural city, it is necessary to improve the current legal systems related to local culture, enhance legal systems related to the spatial culture (urban planning) to support local culture and provide cultural consideration from the stage of urban planning. As a result, this study suggested some strategies to improve legal systems for developing a cultural city, including the respect for the constitutional principles, re-establishment of the concept of cultural city, justification of the legal systems for developing a cultural city, role sharing between laws and ordinances and the harmony between local culture and city planning.