UNESCO 문화다양성 협약을 둘러싼 법적 문제

The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (hereinafter referred to as the “Convention on Cultural Diversity”) is a multilateral international convention adopted with the consent of many nations except the United States and Israel aiming to enhance the various cultural values of the world through the diversity of cultural expressions and to respond to the unity and subordination of the culture facing the world in the wave of globalization. Convention on Cultural Diversity has been hightly estimated with regard to its legal meaning, for the sake of positively ensuring the protection and promotion of cultural diversity. Cultural diversity needs to be protected and promoted in order to improve the quality of life of human beings and contribute to the growth of human rights through the coexistence of various cultures from around the world. Cultural diversity make our society richer by making it a more exciting place in which to live. However, as the positions of the Europe-centered emphasis on cultural diversity and the US-centered emphasis on international trade are in confrontation, the international legal system is faced with the task of rationalizing the conflict between trade and culture. Therefore, this paper examines the development process and international trends of the adoption of the Convention on Cultural Diversity, and also examines the relationship between cultural diversity and cultural exceptions and the relationship between multiculturalism and cultural diversity in considering the concept of culture and cultural diversity. Furthermore, this paper examines the relationship between the dispute settlement procedures in the Convention on Cultural Diversity and the WTO international trade codes. In relation to the implementation of the Convention on Cultural Diversity, Korea copes with protection and promotion of its cultural diversity in positive manners. The Korean government has enacted the concerned laws, enforcement decrees and enforcement rules, and the 7 local governments including Cheollanam-do have also enacted ordinances on protection and promotion of cultural diversity. In addition, this paper also studies the screen quota system and the recent blacklist scandals of arts and culture circles from the perspective of administrative law and cultural diversity.