Ignored 'recommendations': Committee fails to protect freelance artists

The "Committee for the Guarantee of Artists' Rights and Redress for Sexual Harassment and Violence" (Committee for Guarantee of Rights), under the Ministry of Culture, Sports and Tourism, is falling short of its mandate to protect freelance artists from unfair practices and rights violations. A key issue is the committee's "Recommendation for Improvement," which can be disregarded by relevant institutions without any penalty, leaving artists vulnerable.

Since its establishment in 2023, the committee has received 913 reports as of June. It was formed based on the "Act on Guarantee of Artists' Rights" to deliberate and resolve issues concerning artists' rights and sexual violence. However, the effectiveness of its rulings is questionable.

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It was incomprehensible to suddenly say 'no more than three times' when the criteria were not communicated from the beginning.

In May 2024, artist Han Gwan-hee was informed of his exclusion from the "2024 Neighborhood Art Festival" in Seoul's Seongbuk District, just a month before the exhibition. The Seongbuk Cultural Foundation had requested the cooperative that was co-planning the exhibition to replace some participating artists, including Han. Han stated that if the criteria of "no more than three participations" had been communicated from the start, he would have accepted it, but the sudden change was incomprehensible.

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The foundation refused, stating it did not consider the act unfair, and there were no follow-up measures.

After investigating the complaint, the committee ruled in September last year that the foundation's actions violated the "Act on Guarantee of Artists' Rights" (Prohibition of Unfair Practices) and recommended that the foundation "devise measures to prevent recurrence." However, the foundation refused, stating it did not consider the action unfair, and no further action was taken. This is because "Recommendations for Improvement" have no enforcement mechanism, unlike "Orders for Improvement," which carry penalties like fines.

The foundation merely stated to the committee that it would "ensure compliance with decision-making procedures for employees in the future." This case is one of ten where the committee has issued a "Recommendation for Improvement." Another procedural flaw is the lack of a mandatory requirement to promptly inform the artist of the committee's decision. Han only learned that the foundation had not accepted the recommendation nine months later, in July. Lee Chae-won, director of the cooperative, criticized the delay, stating it caused them to miss the window for response.

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We barely received the decision letter after repeatedly inquiring with the Ministry of Culture, Sports and Tourism.

The Ministry of Culture, Sports and Tourism acknowledged these deficiencies and announced plans for legal revisions. A ministry official mentioned that the delay in notifying the Seongbuk Cultural Foundation was an exception. The ministry is pursuing a comprehensive revision of the law to address issues identified since its implementation, including a provision for written notification of decisions to the parties involved.

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The revision will include a provision for notifying the parties involved of the decision in writing.