건축물 미술작품의 사후관리를 위한 법령 개정 방향

초록

According to the Korean current Culture and Arts Promotion Act, any person who intends to construct any building falling under the category or same as or larger than the size prescribed by the concerning Presidential Enforcement Decree shall spend an amount equivalent to a specified ratio of the construction cost of the building on art decorations(so-call ‘arts-in-architecture’); or he shall contribute, in lieu of spending, 70% of the amount to the Culture and Arts Promotion Fund(art. 9 of the Culture and Arts Promotion Act, arts. 12, 13, 132, 14, 15, 15-2 of the Enforcement Decree). The arts-in-architecture, for the time being having stayed a recommendation since 1972 until there came out a law mandating it in 1995, is now functioning as a serious limitation to private property. As of October 31, 2014 there are nationalwide totally 14,435 artworks with the amount of one billion dollars. Although a corporeal artwork, especially set up in the open air, is bound to need more post management with the passage of time, there is actually no statutory clause regulating its life span or necessary management measures. As the result, a considerable number of artworks have degenerated as the city's horrid things. This article aims to cope with such a problem through law reform. After the topic is circumscribed in Part Ⅰ, some essential issues about ex post management is scrutinized in Part Ⅱ: concept, scope, parties(including the case of transfer), life span, conditions and effects. Part Ⅲ is mainly dedicate to the review of feasibilities of charge and public-private-partnership(PPP) as reform model, on which the latter is preferred on principle, possibly supplemented by nationally/ locally managed fund and a standard contract form between an owner and a contractor. The bill actually introduced in the Congress is criticized in Part Ⅳ; an alternative amendment idea is proposed in Part Ⅴ.

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