예술인권리보장법의 실효성 제고를 위한 개선방안 모색

Enacted as a result of the #MeToo movement, the Act on the Status and Rights Protection of Artists (hereinafter referred to as the Artist Rights Protection Act) is significant in that it provides a legal basis and formal procedures for artists—who constitute a significant portion of the cultural and artistic sector but were previously left in a blind spot under existing laws—to report and seek redress for sexual harassment and sexual violence. However, as the Act enters its third year of enforcement, concerns regarding its effectiveness continue to be raised. For a protection and support system that reflects the unique nature of artists to function effectively, more than the mere introduction of legal provisions is required—specific institutional improvements must be made. Accordingly, this study examines the provisions of the Artist Rights Protection Act related to sexual harassment and sexual violence and proposes measures to enhance their effectiveness. First, it is necessary to introduce provisions for preventing secondary harm by adopting the definition provided in the Framework Act on Prevention of Violence against Women while explicitly specifying disadvantageous measures reflective of the cultural and artistic sector’s characteristics (e.g., exclusion from participation in performances or projects) in enforcement regulations. Additionally, the prevention of secondary harm should extend not only to victims but also to those who assist or show solidarity with them. Second, to ensure swift and professional investigations into sexual harassment and sexual violence cases in the cultural and artistic sector, clear deadlines for investigations must be established, and investigative personnel should be adequately supplemented. Third, the current sanctions imposed on perpetrators under the Artist Rights Protection Act are insufficient to impose substantial disadvantages and leave room for perpetrators to evade responsibility. Therefore, the system’s effectiveness must be strengthened through supplementary measures such as reinforcing subsidy exclusion policies, disclosing the results of corrective actions, introducing commitment agreements, and implementing a system for verifying prior sexual offense records. Fourth, to ensure the effectiveness of financial support exclusion provisions for perpetrators, a systematic method for collecting and managing information related to offenders must be established, along with a verification system within the selection process for publicly funded cultural and artistic projects. Through these measures, this study aims to highlight the need for institutional improvements to ensure that the Artist Rights Protection Act contributes meaningfully to protecting victims and eradicating sexual harassment and sexual violence in the cultural and artistic sector.