Guaranteeing Artists' Status and Rights through Legislation

'Artist Rights Protection Act' Reflecting Effective Remedy Demands Passed by National Assembly
Framework Established to Protect Artists Previously in Legal Blind Spots
Effectiveness of Rights Remedies Secured through Designation of 'Artist Protection Officer'

The Ministry of Culture, Sports and Tourism announced that the bill for the "Act on the Guarantee of Status and Rights of Artists (Artist Rights Guarantee Act)" passed the National Assembly plenary session on the 31st of last month. This law, which practically implements the constitutional provision that "the rights of artists shall be protected by law," comprehensively and specifically stipulates the guarantee of artists' rights. It will be enforced one year after the date of promulgation.

The Culture and Arts Policy Office of the Ministry explained, "The demand for legislation to prevent infringement of artists' rights and provide effective remedies grew in the wake of the cultural and artistic blacklist incident and the Me Too movement in the arts community," adding, "We prepared the bill in cooperation with the arts community and the National Assembly." Minister Hwang Hee of the Ministry of Culture, Sports and Tourism stated, "We will actively communicate with the arts community and fully collect field opinions to prepare subordinate statutes and establish rights remedy institutions so that the Artist Rights Guarantee Act can be implemented without any setbacks."

The Artist Rights Guarantee Act prohibits acts infringing on artists' rights and sexual harassment and sexual violence, establishes institutions for artists' rights remedies, and stipulates measures to assist victims. It is significant in that artists, who were previously in a legal blind spot, are now protected. Many artists had not been protected under existing laws such as the Labor Standards Act, the Artist Welfare Act, the National Human Rights Commission Act, the Framework Act on Gender Equality, and the Act on Equal Employment and Support for Work-Family Reconciliation due to their status as freelance contractors. According to a 2018 survey by the Ministry of Culture, Sports and Tourism, the proportion of freelance contracts among full-time and part-time artists was 76% and 67.9%, respectively. Considering this, the scope of the Artist Rights Guarantee Act includes those who have received or are receiving education or training to pursue artistic activities as a profession. Prospective artists, such as students at arts universities who are relatively vulnerable to rights protection, are also covered.

This bill also clarifies the status and rights of artists. It emphasizes the protection of freedom of artistic expression and declares the guarantee of equal status between artists and other professions. It also stipulates the right to work in a sexually equal environment and the right to receive information on arts policies and participate in decision-making. Accordingly, the Ministry of Culture, Sports and Tourism must establish measures to prevent sexual harassment and sexual violence against artists and prepare victim protection measures. Additionally, it must conduct and publish surveys on the actual conditions of sexual harassment and sexual violence every two years.

The effectiveness of rights remedies is secured through the establishment of the "Committee on Guarantee of Artists' Rights and Remedies for Sexual Harassment and Sexual Violence" and the designation of "Artist Protection Officers." Artist Protection Officers investigate cases of sexual harassment and sexual violence and deliberate and decide on the results. To assist victims, they can recommend corrective actions to related agencies, issue correction orders, or notify suspension or exclusion of financial support.

This content was produced with the assistance of AI translation services.