Research Report
A Study on the Improvement of the Legal System of the "Public Performance Act"
I· Background and Purpose of Research
○ Currently, public interest in the safety of performing arts is increasing very much, and discussions are underway on whether the "Public Performance Act" can respond appropriately to the safety of performing arts·
- The "Public Performance Act" was enacted in 1961 with the aim of "fostering healthy national entertainment," and has been developed into a law with strong regulatory characteristics such as safety management, guidance, and supervision, focusing on performance facilities (performance halls) according to changes in the times·
- Since its enactment in 1961, the "Public Performance Act" has been revised to solve many phenomenal problems related to the safety of performing arts, but it is necessary to review whether this revision is valid from the perspective of the legislative system and legislative contents of the "Public Performance Act"·
○ Under the "Public Performance Act", general regulations have been established, but the promotion of performing arts is not specifically divided into human resource development, group development, environmental creation, overseas expansion, and so on, so that this Act is insufficient as a legal basis for the promotion of performing arts·
- It is necessary to look into legal aspects on whether the "Public Performance Act" can cover the expansion of the performing arts market or the increasing national demand for cultural enjoyment according to changes in the times·
○ Accordingly, it is necessary to review the legal improvement measures and legal systems, such as safety regulations and promotion regulations, for realizing the ideology of the "Public Performance Act"·
Ⅱ· Contents
○ The Relationship between the "Public Performance Act" and the Government Policy
- Regarding art and culture, the current government aims to become a "global cultural powerhouse that entertains the daily lives of the people and impresses the world·"
- The Ministry of Culture, Sports and Tourism is proposing a "cultural attraction country with the people, a leap forward led by K-culture, and people's happiness" as its vision in 2023·
- The vision of the second basic plan for cultural promotion is a "free and fair cultural attraction country" reflecting the national vision and national tasks·
○ Legal Characteristics and Legal System of the "Public Performance Act"
- The "Public Performance Act" is a law aimed at including both safety and promotion·
- The change in the "Public Performance Act" is mainly focused on securing the expertise and safety of performance (venue)·
- The legal system of the "Public Performance Act" consists of the "Public Performance Act" and subordinate statutes, the subordinate statutes including the " Enforcement Decree of Public Performance Act ", the " Enforcement Rules of Public Performance Act ", and administrative rules·
- Currently, the National Assembly's pending revision related to the "Public Performance Act" focuses on establishing administrative grounds for performance·
○ Legislative Form Criteria for Embodying the "Public Performance Act"
- As to whether it is necessary to enact individual laws for specific enforcement for the promotion of performing arts among the current "Public Performance Act", ① the necessity of policymaking and ③ timing are satisfied, but ② the need to be embodied in the form of Act is insufficient·
- Regarding the embodiment in the form of Act, there is a way to regulate all performing arts promotion policies under the "Public Performance Act", but in this case, ① new regulations in relation to Article 4-2 (efforts to prevent illegal sales of tickets, etc·) may be established or ② legal grounds for registration and renewal in relation to Article 14 of the current "Public Performance Act" may be considered·
- The basis for whether the division of the "Public Performance Act" into the "Performance Art Promotion Act" is necessary is not clear·
- Regarding the selection criteria for performing arts safety-related legislation, it is necessary to review the legal basis for performing arts surveys, the legal basis for safety standards for outdoor performance halls under the "Public Performance Act", and the legal basis for establishing a performing safety foundation under the "Public Performance Act"·
Ⅲ· Expected Effects
○ Contributions to the establishment of standards for the legal system, such as the Safety Act and the Promotion Act, for deriving measures to improve safety and promotion-related legislation related to the current "Public Performance Act“
○ Use as a reference when designing related legislation for similar legislative system laws of the "Public Performance Act"·
○ Use to revise related laws such as the "Public Performance Act"·