03017nas a2200121   4500000000100000008004100001100001800042245004700060300001200107490000700119520275500126022001402881                                       d1 aJang-Hyeok Im00aIssues on Intangible Cultural Heritage Act  a319-3430 v673 aSince the Act on the Preservation and Promotion of Intangible Cultural Heritage came into effect on 27 March 2015, I have discussed several issues in the field of folklore. This Act was enacted in accordance with the provisions of the Cultural Property Protection Act of Korea and the UNESCO 2003 Convention for the Safeguarding of the Intangible Cultural Heritage. This paper examines inadequate regulations of the newly enacted intangible cultural property law from.The name of the newly enacted law used the term conservation instead of protection. The term conservation is not used in the Cultural Property Protection Act, but only in new legal documents. Among UNESCO’s conventions concerning cultural heritage, conservation is a term used only for natural heritage in the Convention concerning the Protection of the World Cultural and Natural Heritage. The existing law in Korea also includes the promotion as a component of protection (safeguarding) that also includes preservation and utilization. Therefore, it is more appropriate to name the law as Act on the Protection of Intangible Cultural Heritage.In the Cultural Property Protection Act, intangible heritage skill-holders are recognized only when their knowledge or skill is determined as “prototype”. However, this concept has been controversial in the academia, much so that the concept of changing intangible cultural heritage in UNESCO has been revised into the concept of archetype. The concept of archetype can be effective as a standard for designation of intangible cultural heritage elements because it is a criterion for selecting the essential elements of the same type to be well realized. Nevertheless, there is a limit to its application when it concerns the recognition of the holder.Designation of National Intangible Cultural Heritage in Need of Urgent Safeguarding is to carry out prompt action to protect intangible cultural properties. If one element on the national list is designated in the urgent safeguarding list, this means the element is being mismanaged. In light of this urgent safeguarding list, it is noted that there is no regulation on the period of effect validity or cancellation in case of urgent designation.Intangible cultural heritage is visually acknowledged as artifacts when a practitioner embodies it in action. It is not specified that there is a lot of knowledge in the cultural heritage concerned, and it can be said that only the practitioner is the transmitter. Therefore, knowledge can hardly be a crucial criterion in relation to the designation of intangible heritage. Also, fine arts cannot be an intangible cultural heritage, and therefore, it should be categorized as traditional technique concerning traditional expression.  a1598-1010