문화복지의 헌법적 의의와 실천

As the issue of welfare has spread over our community, cultural welfare becomes a new propaganda in a political field. Because in welfare-state, desirable human life requires a government to fulfill psychological need as well as material one, welfare policy-makers put emphasis on cultural welfare. Also, cultural welfare would be demanded as a significant cultural policy to improve the quality of life of citizen by enlightening aesthetic sensitivity and strengthening cultural creativity. However, it is hard to find a constitutional study elaborating what the significance of cultural welfare is in a constitutional context and how to implement cultural welfare coherent to a given constitutional system. So, this study focuses on embracing the conception of cultural welfare in our constitution and suggesting a minimal guideline regarding the implementation of the constitutional principle of cultural welfare. The conception of cultural welfare would be supported and justified by the constitutional principle of social state in that they guarantees basic minimum for human life in the psychological or material aspect. Also, the constitutional principle of cultural state justify the conception of cultural welfare, for their common goal is to promote the chance of citizens in creating and enjoying culture. Then, we might explore the way to implement the consitutional significance of cultural welfare, and debating on the construction of cultural welfare right would be the first step. Depending on constitutional interpretation of social right provisions in our constitution, cultural welfare right might be accepted as a constitutional right which claims the government to provide basic minimum for cultural human life. Also, because, in international declarations, the cultural rights tend to range from the liberty and equality in culture to the right of cultural participation, payment and education, the right to cultural welfare might be understood as a part of cultural right. As the right to cultural welfare is accepted as a constitutional right under other constitutional rights and principles though it is not enumerated in our constitution, the policy and law about cultural welfare should be based on the contents of the right to cultural welfare. Also, cultural welfare reaches forward to cultural democracy in which citizens autonomously create and enjoy diverse cultures in a cultural environment government constructs. According to these basic ways to implement the constitutional significance of cultural welfare, we should propose and evaluate the policy and law of cultural welfare.