무형문화재진흥법의 쟁점과 개선 방안

Intangible cultural heritage promotion act was enacted on March 27th in 2015 and will be implemented as of March 28th in 2016. At the same time, some regulations related to intangible cultural heritages under the Cultural properties protection law were either deleted or revised. Intangible cultural heritage promotion act is to define intangible cultural heritages and to contribute to development of human culture and promote cultural improvement of people by utilizing traditional culture which is creatively succeeded through protection and promotion of intangible cultural heritages This law defines duties of successor of intangible cultural heritage by considering to maintain “Prototype” of intangible cultural heritages as a fundamental principle. This refers that the law made one step forward comparing “maintaining original type” in cultural properties protection law. It is expected that implementation of this law will bring a dramatic change into protection and promotion of intangible cultural heritage as the law presents detail regulations for promoting intangible cultural heritages. The article No. 25 of intangible cultural heritage promotion act is mainly about the expense of education for transmission and subsidy but almost no difference can be found between cultural properties protection law. Even though transmission subsidy provided to holder is funded by government, legal basis is not sufficient and inspection and management on purpose of use are not conducted thoroughly. This issue has been continuously raised since the implementation but resolution has not been made due to moderate attitude between parties and administrative pressure. Environment of transmission needs to be improved for successors as they are devoting themselves in spite of the risk of getting injured The purpose of intangible cultural heritage promotion act is not met if successor gets injured or smooth transmission is not performed due to disease or accident, Country needs to protect them with public insurance as well as private insurance so that they can commit themselves to education of transmission without being bounded by medical bill. Resources can be acquired by clearly stating the purpose of use in the law and allocating increased amount of transmission subsidy which is increased after certain period of time. Successors can limit the amount individually and spend it by using “Welfare card” to show the breakdown of expenses. Furthermore, existing transmission subsidy needs to be gradually expanded for expense control and investigation.