전시 기획의 법적 지위 정립을 위한 법적 개선방안 검토 = A Study on Legal Improvement Measures for Establishing the Legal Status of Exhibition Curation

다국어 초록 (Multilingual Abstract)

Art exhibitions have evolved beyond the mere visual display of tangible objects, diversifying into diverse forms such as archiving exhibitions that visualize knowledge systems, research-based exhibitions that manifest the process of investigation within a space, and experiential exhibitions that invite the multisensory engagement of audiences. In this environment, exhibition curators is no longer a mere mediator who selects and arranges objects; instead, they have become the central agent of the exhibition—one who investigates fragmented records and media, integrates them organically within a spatio-temporal context, and designs the overarching narrative. However, the current legal framework remains confined to a promotion system centered on tangible objects fragmented by specific genre, failing to fully encompass the intangible narrative value created by exhibition curators.
Furthermore, there are significant challenges in interpreting an entire exhibition as a subject of copyright protection under the current Copyright Act, despite it being the direct output of creative curating process.
Accordingly, this study examines the protection gaps in exhibition curation, focusing on legal-systemic discontinuities and substantive legal limitations, and proposes measures to enhance the effectiveness of protection for exhibition curation through legislative consistency. To this end, this article argues for the explicit inclusion of “curating,” as a core process of creative expression within the category of culture and arts under the Culture and Arts Promotion Act. This article further proposes amendments to relevant laws to ensure that the legal status of exhibition curation, is substantiated in a manner consistent with the legislative purposes of individual statutes. In addition, this study suggests newly introducing definitions for “exhibition” and “artistic works” under the Copyright Act to secure rights over the outcomes of exhibition curation. While defining the concept of exhibition curation within the realm of cultural administrative law serves as a formal requirement to establish an independent status for policy-making and administrative support, the introduction of new provisions defining exhibitions and artistic works under copyright law constitutes a substantive requirement for finalizing exclusive rights.