[2021 National Audit] Artsin Sinmungo Ineffective... Need to Supplement Artsin Damage Relief Measures
[Asia Economy Reporter Donghyun Choi] The 'Artist Sinmungo,' introduced in 2014 to protect the rights of cultural and artistic professionals, has been revealed to be failing in its role.
On the 7th, Kim Yeji, a member of the People Power Party, disclosed this during the National Assembly’s audit of the Ministry of Culture, Sports and Tourism’s affiliated organizations held by the Culture, Sports and Tourism Committee.
The Artist Welfare Foundation operates the 'Artist Sinmungo' under Article 10 of the 'Artist Welfare Act.' Sinmungo was established to assist in protecting artists' rights through counseling on damages caused by unfair practices, legal consultations, fact-finding investigations, and corrective measures.
According to data submitted by the Ministry of Culture, Sports and Tourism and the Artist Welfare Foundation to Representative Kim, from its inception in 2014 until August this year, the Artist Sinmungo received a total of 1,360 reports of unfair practices, including 168 cases of forced unfair contracts, 1,063 cases of profit distribution, 102 cases of interference with artistic creation activities, and 27 cases of improper use of information. However, only 60 cases (4.4%) received follow-up actions such as reconciliation and mediation, while nearly half of the total reports, 596 cases (44%), were closed through litigation support. Among the 60 follow-up cases, there were 2 corrective recommendations, 30 corrective orders, and 28 reconciliations and mediations.
Furthermore, based on Article 3-4 of the Enforcement Decree of the 'Artist Welfare Act' (Fact-finding investigation on violations of unfair practices, etc.), the 'Culture and Arts Fairness Committee,' which serves as an advisory body, held only 44 meetings in total over eight years since 2014, including 28 plenary and subcommittee meetings and 16 mediation meetings. Even the plenary meetings, which were held at most twice a year since 2016, were not held at all this year.
Regarding this, Representative Kim stated, “The Artist Sinmungo has not actively performed roles such as corrective recommendations, corrective orders, or reconciliation and mediation, but instead handled nearly half of the received reports mainly through litigation support, which takes a long time. It must strive to play a substantial role in protecting artists' rights rather than remaining a formal and lukewarm meeting body.”
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Meanwhile, Representative Kim proposed an amendment to the Artist Welfare Act last September, aiming to establish an ‘Artist Ethics Center.’ During the Culture, Sports and Tourism Committee meetings, she repeatedly argued that an independent dedicated organization should be established for the relief and protection of artists’ rights. Representative Kim urged, “The Ministry of Culture, Sports and Tourism should identify field demands and create an effective system regarding the preparation of subordinate laws for the enforcement of the Artist Rights Protection Act scheduled for next September, as well as the establishment of committees and rights protection officers for artists.”
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