이야기 보존과 진흥을 위한 법적 대안 마련을 위한 고찰 - 무형문화재 보전 및 진흥에 관한 법률(신법)을 중심으로 -

This study examines the impact of the ‘Act on Preservation and Promotion of Intangible Cultural Heritage,’ which was passed in the National Assembly on March 27, 2015 on story heritage. The existing Cultural Heritage Protection Act focused on performing arts, such as performances, arts, and ceremonies; however, a new law to be enforced on March 28, 2016, has been subdivided into seven items, reflecting the 2003 UNESCO Convention. Especially, the item, “Oral Tradition and Expression,” becomes the legal foundation for the preservation and promotion of the existing story traditions and heritages. This study discussed the issues that should be checked, with the enforcement of the new law ahead, focusing on tales called oral literature, among the story heritages. Topics of story scenes or storytellers were issues that have continuously discussed in the existing folklore and literary studies. However, there was not any foundation for the expansion of the discussion, so there have been only reports on the academic and personal dimensions. The new law, in this sense, is a law that clearly acknowledges the value of oral tradition or oral literature as an intangible heritage. However, even if its legal enforcement is achieved, that does not mean that all of a sudden, storytellers are selected as people in the rank of national intangible cultural assets or Korea’s indigenous stories are registered as global literature. Yet, this study tries to check up on the issues for the efficient enforcement of the law. Especially, this study addressed various conditions necessary to treat the tales as intangible cultural assets and investigated the items registered in the UNESCO and the case of China. Next, applying six criteria for (national) intangible cultural assets and characteristics of oral literature, this study examined the meaning of each item. Of them, this study carried out a discussion that connects the meaning of ‘typicality’ newly appeared in the new law to the typology of tales. It established the method of protecting oral transmitters/groups as a concrete legal issue for preservation and progression of tales (oral literature), documentation, the concept of intangible heritage and academic approach. An interdisciplinary approach is required for a study of intangible cultural heritages. Furthermore, the enforcement and inspection of the new law connect to administrative procedures and juridical problems. There is always a position critical about the government-led measures for the promotion of intangible culture, but the enhancement provided by the primary state-sponsored budget investment is considerable. In this sense, having the earnest enforcement of the new law ahead, interdisciplinary scholarly debates and education would be necessary, concerning oral traditions and expressions, or story heritages. This study is just a proposal for a practical discussion prior to the enforcement of the new law. Through the discussion in the future, extensive discussions are needed, concerning the essential question on whether it is reasonable to designate a tale (story) as a national intangible cultural asset and the efficient utilization of legal systems. It is because, only then, what valuable heritages can be included in the item, “Oral Tradition and Expression” specified in the new law can become clear and the value of intangible culture can be revealed through cultural diversity.