Research Report
Ⅰ. Background and Purpose
□ Background of this study
○ The copyright owners of musical works(including owner of neighboring copyright) can be divided into three types : copyright owner (songwriter, lyricist, etc.), owner of neighboring copyright(sound record producer or broadcasting business operator), and stage performer (singer, etc.).
○ The various relationships of rights and duties related to the use of musical works are occurred, which the issue of the equity on related subjects and the need for clarification on the legal relationship in the Copyright Act have been raised.
○ In addition, the improvement of legislation related to musical works and copyright trust management companies according to Korea-the United States FTA and Korea-the EU FTA is constantly required.
□ Purpose of this study
○ To suggest the direction of improving the Copyright Act through legal systematic analysis about the relationships of rights and duties related to the use of musical works
○ To draw the implications of improving copyright law through the analysis on concept of copyright related to the use of musical works and on legislations of the major countries and its management.
○ To reflect Korea-the United States FTA and Korea-the EU FTA related to the use of musical works and to prepare improvement of legislation on management system of musical works
Ⅱ. Main Contents
□ General Theories and Analysis of Actual Conditions on Educational Gap
○ Analysis of Similar Concepts
- Many similar concepts such as Educational Alienation, Educational Inequality, Educational Welfare related to elimination of education gap and realization of education welfare are analyzed.
- The key element in the definition of related concepts is “the guarantees of opportunity on basic education by supporting educational weakness group”.
○ Concept of Educational Gap
- Educational Gap reflects the problems concerning Educational Alienation and Inequality at the same time, which is expanded as Educational Inequality and Educational Alienation are intensified.
- Educational alienation and educational inequality is necessary to eliminate in order to relieve the education gap.
○ Basis of Eliminating Educational Gap
- The constitutional and ideological basis on elimination of educational gap is found from the principle of cultural state by priority than the principle of social state or the human right.
- Also, the specific basis on elimination of educational gap is found from equal opportunity of education and realization of equal rights in educational area as the core content of right to education.
○ Analysis of Actual Condition on Educational Gap
- Between regions and the hierarchy are associated with socio-economic background, and the education gap have appeared severely due to differences between family or regional incomes and resources.
□ Present Condition of Legislation related with eliminating Educational Gap
○ Structure of Related Legislation
- There are Education laws for school education and Social laws for children, youths and workers as the related legislation for realization of educational welfare.
- In consideration of the scope and limitations of the study such as early childhood, elementary and secondary education, however, Framework Act of Education, Early Childhood Education Act, Elementary and Secondary Education Act, Act on Special Education for Disabled Persons, etc., Infant Care Act, National Basic Living Security Act, and child Welfare Act shall be limited.
○ Problems of Related Legislation
- Although the realization of educational welfare by eliminating of Educational Gap is in the cross zone of education and welfare, the unitary code covering two elements is not existed.
- For these reasons, policies on education and welfare are operated separately, those policies drop off in efficiency, and legal foundation of them cannot be established.
- There are too many similar acts in the whole system of related legislation. And legal efficiency is declined by causing complexity of legal system and confusion in the application of acts.
□ Legislation related with eliminating Educational Gap in foreign Countries
○ This study analyzed Head Start Act(1965), Bilingual Education Act (1965), Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Individual with Disabilities Education Act of 1975 (IDEA) and No Child Left Behind Act of 2001(NCLB) in the U. S.
○ This study mainly analyzed Education Welfare Act(1998) contributed to the destruction of the hereditary cycle of poverty and struggles against exploitation of youth labor in the UK.
○ This study analyzed Kinder-und-Jugendhilfegesetz, Reichsgesetz fur Jugendwohlfahrt, and Bundesgesetz uber individuelle Forderung der Ausbkldung, BAfoG in Germany.
○ This study mainly analyzed Loi d'orientation sur l'education 1989 and Zone d'education prioritaires(ZEP) in France.
○ This study mainly analyzed Framework Act on Education(2006), Scool Education Act(2007), and Child Welfare Act(2010) in Japan.
□ Improvement of the Related Legislation for eliminating Educational Gap
○ The direction of improvement
- This study draws implications with analysis of related legislation in foreign countries, and the improvement for legislation in korea is suggested by reflecting those implications
- This study draws the problems by comparing and examining five bills related to elimination of educational gap and educational welfare which are already submitted to the National Assembly, and suggests the standard type of the bill as a unitary legislative plan.
○ Improvement of the Legal System
- For the equality of educational opportunity, this study suggests unified system of early childhood education, qualitative expansion of compulsory education, unification of supporting educational cost for lower-income group, strengthening special education, and expansion of educational opportunities for children from multi-cultural families.
- For eliminating the inequality of educational condition, this study suggests the improvement of conditions in the small income region, rural communities and digital divide, etc.
○ Unitary Legislative Plan
- Although five bills submitted to the National Assembly are focused on eliminating Educational Gap, the contents and the structure of them are different.
- Therefore, this study suggests the unitary bill for future legislation by standardizing five bills.(for details, see text)
Ⅲ. Expected Effect
□ This study systematically prevents the blind spot of educational welfare and the occurrence of eliminating Educational Gap by suggesting improvement of the legal system in order to realization of educational welfare for eliminating Educational Gap.
□ This study contributes to the harmony of educational autonomy and publicness by considering legal theories on eliminating Educational Gap and Educational Welfare.
□ This study provides the direction of legislative policies by suggesting the standard legislative model for enactment of related legislation as the unitary law.
□ This study provides the fundamental data for the establishment and the enforcement of policies for eliminating Educational Gap through research and analysis of Foreign Legislation