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대중예술문화산업과 헌법 -법제개선을 위한 기본방향-
State and Cultural Industry -Toward Constitutional Justification of State Intervention-
한상희 ( Sang Hie Han ) , 이경 ( Kyung Lee )
일감법학 vol. 26 523-563(41pages)
UCI I410-ECN-0102-2014-300-001707444

This essay aims to construe the constitutional obligation of the government to establish and execute cultural policies for promotion and development of cultural industry, based on the “Kulturestaat” clause and “Sozialstaat” principle of the Korean Constitution. The cultural industry may be said to be the economic construction of mass culture of the society, so that the government`s cultural policies can make salient foundation for improvement of the quality of people`s lives and for development of national economy. This means that government`s cultural policies should take it into serious consideration that the cultural industry can provide all the people with universal service, as well as that the industry can achieve its economic goals. Government`s cultural policies should aim to let the people, not as passive consumers of the cultural goods which were produced by the economically managed industry, but as active participant into mass culture, who can produce the real people`s culture. In addition, government should control the market power of the cultural industry system which can subordinate the creative writers and/or artists to the interests of the capital. The government should pay attention to protect and support any creative activities, and the autonomy and creativity of the cultural area of a society. Thirdly, the social security system and social safety nets for the part of cultural industry should take priority to any other policy projects.

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