Diverse Artists of Korea Association's Proposal to Enforce the AGSRA for all Artists, Regardless of their Nationality

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The Diverse Artists of Korea Association filled a Proposal for Enforcement Decree of the ‘Act on the Guarantee of the Status and Rights of A...
The Diverse Artists of Korea Association filled a Proposal for Enforcement Decree of the ‘Act on the Guarantee of the Status and Rights of Artists’ (AGSRA) last May 8, 2022. According to their proposal, Regardless of Nationality, the AGSRA should be implemented for all artists and art college students working in Korea.The Association is asking for those who support their proposal to sign their google forms that will end on May 18, 2022. The said proposal will be submitted to the Ministry of Culture, Sports and Tourism through the Kookmin Sinmoongo(국민신문고).

Enforce the AGSRA for all artists, regardless of nationality. Show your support by signing in their proposal.

Please click the link: Proposal for Enforcement Decree of the ‘Act on the Guarantee of the Status and Rights of Artists’ (AGSRA)

During the public debate on the sub-law of the AGSRA held on April 21st, Professor Hwang Seung-heum, who has studied the AGSRA, responded that migrant artists can also be protected because they are within the category of "artists'' described by the AGSRA. However, migratory artists are likely to face difficulties under Article 4 of the "Framework Act on Culture" (FAC), which is referred to in Article 3 (2) of the AGSRA.

The AGSRA's Article 3 (2) (Status and Rights of Artists)

As a citizen with cultural rights under Article 4 of the Framework Act on Culture, an artist is to be acknowledged as a person who contributes to the realization of a cultural state and the betterment of citizens' quality of life.

Cultural rights are defined as follows in Article 4 of the FAC, which confines them to citizen rights.

The FAC's Article 4 (Rights of Citizens) states that Every citizen, regardless of gender, religion, ethics, generation, region, political opinion, social status, economic position, physical condition, or other factors, shall have the right to freely create culture, participate in cultural activities, and enjoy culture (hereinafter referred to as "cultural rights") without discrimination in cultural expressions and activities.

This confines the discussion of cultural rights to nationality. It also goes against Article 3 (3) of the Act on Cultural Diversity Protection and Promotion (APPCD).

With that, the Diverse Artists of Korea Association requests that Article 3 (2) of AGSRA be amended as follows.

“An artist shall be duly respected as a person who has rights to freely create culture, participate in cultural activities, and enjoy culture (hereinafter referred to as “cultural rights”) without being discriminated against in cultural expressions and activities, regardless of nationality, ethnicity, race, religion, language, region, gender, generation, political opinion, social status, economic position, physical condition, etc. and as a person who contributes to the realization of a cultural State and the improvement of the quality of life"

In Korea, artists of many nationalities labor in the culture and arts industry, develop and engage in economic activities, and pay taxes. However, they face a variety of challenges, including sexual harassment and assault, as well as discrimination in the workplace, rights, and welfare as artists. The issue is that migrant artists' rights have yet to be secured under the 'Artist Welfare Act' and the FAC systems.

As a result, AGSRA is a platform that both Korean and migrant artists have been anxiously anticipating. DAKA applauds the Korean government's move to ensure that AGSRA protects artists' rights regardless of nationality.

As Professor Hwang Seung-heum stated during the public debate on the AGSRA's sub-law, safeguarding artists' rights and avoiding sexual harassment and violence are human rights, not just citizen rights. It is also a fundamentally legitimate rationale in the interpretation of the Constitution.

If this provision is not amended, the definition of "artist" in Article 2 and the "scope of rights" in Article 3 conflict, which may force migrant artists to file a constitutional petition. In order to block these problems in advance, government agencies must specifically stipulate them in the enforcement ordinance.

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