건축물미술작품 사후관리 조항에 대한 검토 ― 현행 문화예술진흥법상 한계 및 미술진흥법으로의 이관을 중심으로 ―

Despite the long-standing history and substantial financial magnitude of the arts-in-architecture system, persistent criticism has been directed at its structural limitations and operational deficiencies. To address the chronic issues surrounding the maintenance of these artworks, the Culture and Arts Promotion Act was amended in January 2022, establishing a legal basis for administrative orders regarding restoration, repair, or removal. However, the effectiveness of such orders remains compromised due to the absence of sanctions or penalty clauses for non-compliance by owners of artworks. Consequently, this study proposes legislative amendments to the Culture and Arts Promotion Act that include improving the efficiency of maintenance through clarifying the locus of responsibility for maintenance, and establishing a system to secure financial sources for maintenance. Furthermore, it suggests introducing a statutory duration for arts-in-architecture to achieve a harmonious balance between the property rights of owners or artworks and the moral rights of artists. In particular, the study proposes legislative supplements that ensure interpretative coherence within the legal framework of the Culture and Arts Promotion Act and with related regulations such as the Building Act. Furthermore, this study proposes transferring the relevant regulations from the Culture and Arts Promotion Act to the Art Promotion Act and designating a dedicated art promotion agency to serve as a central control tower, thereby supporting local governments responsible for practical implementation, considering the paradigm shift from the Culture and Arts Promotion Act functioning as a general law across all artistic genres to a more specialized legal framework.