건축물 미술작품의 관리에 관한 법적 개선방안 연구

The percent for art scheme has created many opportunities to experience various artworks in dreary urban space and contributed to environmental improvement　and it is indisputable that this scheme has achieved institutional results which comply with the constitutional principle of a cultural nation through the interaction between ‘a nation’s contribution to culture’ and ‘culture’s contribution to a nation’. However, operationally unreasonable problems and regulatory factor to impose restrictions on private property have called for the deregulation and reform of this system. The Culture and Arts Promotion Act and the Enforcement Decree of the Culture and Arts Promotion Act have been repeatedly revised to ease problems of percent for art scheme, but these measures have not been sufficient to fundamentally solve underlying problems, one of which is a follow-up management of artworks installed through the percent for art scheme. This article explores legal problems about a follow-up management after installation and suggestion, focusing on the Culture and Arts Promotion Act and the Enforcement Decree of the Culture and Arts Promotion Act. In this view, this article will consider the introduction of provisions that an artwork may be altered, maintained, removed or de-accessioned in accordance with a decision of a review committee,addressing the legal feasibility of an alternative installation of an artwork. In the aspect of copyright, this article will analyze the necessity to balance a conflict between an artist’s copyright and an owner’s ownership, with the suggestion for a solution in the field of site-specific art, which has an identical connection with locality to percent for art scheme.