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Master's Degree Programme in Economics and Management of Arts and Cultural Activities(LM-76) the “Living Human Treasures”

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Master's Degree Programme in Economics and Management of Arts and Cultural Activities(LM-76) the “Living Human Treasures” Master’s Degree Programme in Economics and Management of Arts and Cultural Activities (LM-76) Master Thesis The “Living Human Treasures” System in the Republic of Korea Advisor: Professor Lauso Zagato Co-Advisor: Professor Vincenza D’Urso Student: Jessica Rossi Student number: 836329 Academic Year: 2017-2018 CONTENTS Acknowledgments…………………………………………………………………………………4 Introduction………………………………………………………………………………………..5 Chapter 1 Sources…………………………………………………………………………....10 1. International Universal Instruments……………………………………………..10 a. Hard Law b. Soft Law 2. International Regional Instruments……………………………………………...16 a. Asia-Pacific b. Europe 3. National Legislations……………………………………………………………21 a. Republic of Korea b. Japan c. France Chapter 2 Definitions, Frameworks and Historical Background……………………………23 Section 1: Defining and Understanding ICH…………………………………………….23 1. Intangible Cultural Heritage: A Definition……………………………………..23 2. Recommendation on the Safeguarding of Traditional Culture and Folklore (UNESCO - 1989)……………………………………………………………....33 3. Marrakech Meeting - 1997 …………………………………………………….42 4. The Washington Conference – 1999…………………………………………...45 5. Proclamation of the Masterpieces of the Oral and Intangible Heritage of Humanity (UNESCO - 2001)……………………………………………………48 6. Towards 2003 Convention: Turin, Elche and Rio Meetings…………………...52 7. 2003 Convention………………………………………………………………..59 Section 2: Defining and Understanding the Living Human Treasures System………….68 1. Living Human Treasures: A Definition in Multiple Definitions………………..68 2. ROK Proposal and the 1993 UNESCO “Guidelines for the Establishment of the Living Human Treasures System”………………………………………………69 Chapter 3 Republic of Korea: ICH and Living Human Treasures System………………….73 Section 1: Historical Development………………………………………………………73 1. Historical Background………………………………………………………......73 2. Nationalism……………………………………………………………………...80 3. Korean Folklorists……………………………………………………………….86 Section 2: Legislation……………………………………………………………………88 2 1. 1962 Cultural Property Protection Law, and its Enforcement Decrees…………88 2. Act on the Safeguarding and Promotion of the ICH ……………………………92 Section 3: Administration and Management of ICH…………………………………….97 1. Intangible cultural heritage and Living Human Treasures recognition and control...................................................................................................................99 2. Formal and non-formal transmission and education…………………………...102 3. Government economic support to ICH Successors……………………………105 Section 4: Recognised Organizations…………………………………………………..107 1. Korean Organisations active at the National level……………………………..108 2. Korean Organisations active at the International level………………………...110 Section 5: Comparisons with other Member States’ Systems………………………….114 1. Japan…………………………………………………………………………...115 2. France………………………………………………………………………….119 Chapter 4 Case Studies……………………………………………………………………..121 Section 1: Shamanism…………………………………………………………………..122 Section 2: Gangeung Dano Festival……………………………………………………126 Appendix A……………………………………………………………………………………..130 Appendix B……………………………………………………………………………………..134 Conclusion………………………………………………………………………………………137 Bibliography…………………………………………………………………………………….142 3 Acknowledgments First of all, I must thank my supervisor, Professor Lauso Zagato, for inspiring me during the regular courses lessons. Without his lasting passion in investigating themes connected with the international instruments for the safeguarding of cultural properties, my curiosity wouldn’t have arisen. I’m also thankful for Professor Vincenza D’Urso’s precious suggestions, who kindly accepted my proposal in following me through this academic investigation, and who helped me to understand South Korea history and its cultural richness. My love and gratitude go to my family, friends, and especially to my paternal grandmother, who has heartedly desired to see me completing this academic and educational experience. I hope, in the vastness of her life, this could represent one of her most precious souvenir. In order to give to this work a sense of introspection from my personal experience, I would also like to record here an old memory of mine, which strongly contributed to my fascination and interest for traditional know-hows. When I was a child, an elderly lady from my small village helped me recover from a persistent St. Anthony’s fire.1 She was and still is considered one of the best faith healer by the local community. I still clearly remember the mysterious atmosphere, which surrounded her gestures and whispering in her small house, in the shadow of the church. For me, even after many years have passed, this has always remained an unquestioned miracle, and this elderly lady’s hands and faith are to me the symbols of what can be considered to be the closest thing to the truth and goodness of life. Lastly, I would like to remember the tiresome work done by Delphine Dall’Agata, my English language proofreader. 1 Also known as Erysipelas. 4 Introduction Objectives The aim of this dissertation is to describe and investigate the Korean system for the safeguarding of Intangible Cultural Heritage (ICH), with a particular focus on the identification and preservation of national living human treasures (LHT). The “living national treasures” is a title initiated by the Japanese government at the national level, and then proposed by the Republic of Korea at the international one. This study takes into consideration the international instruments and documents as a general framework on which the Korean national legislation is partially based, the latter composed of the 1962 Cultural Heritage Protection Act (CPPL), modelled on the Japanese Cultural Property Law (enacted in 1950), and by the last legal instrument approved by the Korean government on the Safeguarding and Promotion of Intangible Cultural Heritage, approved in 2015 and entered into force in 2016. Great importance has been put on the description of the laws texts, which are thoroughly explained and reported, in order to also give some comparisons within the national system as concerns the enactment of these two legislations, as well as to provide some useful juxtapositions with the UNESCO 2003 Convention on the Safeguarding of Intangible Cultural Heritage. The main reasons that have led me to examine the Korean system instead of others, as for example the Japanese one, which is often considered the keystone of the preservation of intangible cultural properties and its living national treasures, are the following: - in 1993 the Republic of Korea sent a letter proposal to UNESCO in order to establish the Living Human Treasures system, in this way it has internationally contributed to the process of awareness raise on the need to safeguard intangible cultural properties and, in particular, their practitioners; - at the beginning, Japanese law didn’t nominate practitioners of folk traditions, who weren’t recognised as living national treasures. A higher regard was given to elite cultural expressions, for this reason, folk ones didn’t have the possibility to nominate an official bearer, until 2004. On the contrary, since the beginning of the establishment of a national law, Korea had included folk traditions among the ICH categories of its legislation, with no distinction between folk arts and other high-end cultural expressions, which both could have designated living human treasures. This has made the Korean legislation closer to the 2003 UNESCO Convention, as it considers, since the beginning, a wider range of Intangible Cultural Properties also included in the international instrument; but, 5 more importantly, the Korean system isn’t hierarchical, thus, considers any cultural expressions at the same level; - the recent entry into force of the 2015 Act demonstrates the flexibility and the processual nature of the Korean legislation, if compared to the fossilized one enacted by the Japanese government. Its many enactments also testify its ever-shaping character, which also reflects the international process in the drafting of the 2003 Convention, that lasted for decades, as clearly outlined in chapter 2; - lastly, a strong personal attachment to this country’s cultural richness and beauty has greatly contributed to my interest. Thanks to the opening, few years ago, of the King Sejong Institute in Venice,2 I kept on studying Korean language and culture and participated in the beautiful exhibitions/fashion show of traditional Korean hanbok,3 hand-made by stylist Deok-Sun Seo, an event organised by Professor Vincenza D’Urso. This helped me in cultivating my lasting fascination in Eastern countries, with particular regard to the Korean one. Through this analytical investigation, I would like to provide the foundations for future researches on this same topic and an example on how an already existing national legislation can be positively influenced by international instruments and evolve into more comprehensive enactments. Furthermore, the Korean granting system for bearers of intangible cultural heritage has proved to be successful in order to preserve the intergenerational transmission, however this couldn’t be happening without a more systematic planning of collateral activities. For this reason, the text aims at highlighting the cross-cutting relations between the legislation and other sectors, such as education and private organisations administrative efforts. Missing Topics In outlining the main information regarding the Korean legislation, some topics have been voluntary
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