문화재보호법의 개선방안에 관한 연구

Abstract

As cultural properties can never be recovered once they are damaged and are shared by human race, we need legal and institutional measures to protect cultural properties for any possibility of prior protection. And it is very urgent to reorganize correct legal norms for guaranty of the rights of the people who enjoy them. Cultural heritage is a mental resort that should not be considered as just simple historic remains, and an educational field for history and traditional culture. Furthermore, it should be preserved and used for a common sympathy that encourages strong bond among all the people. Of various laws that specify it, the basic law on protection, management and use of cultural properties is the Cultural Properties Protection Law. This law regulates specific contents on preservation and use of cultural properties under the legislative purpose to succeed national cultures, improve national culture and promote human cultures. The Cultural Properties Protection Law was enacted in 1962, and about 20 years have passed since it was revised in 1982. It had several partial revisions and as of 2007 it had full revision. As mentioned above, for succession, development and promotion of traditional and national culture, the importance of the cultural properties administration on preservation, management and excavation has been highlighted. This study outlines the legal system of cultural properties, examines referred authorities of the Cultural Properties Administration and local governments in respect to the administration, and considers the followings: lack of professional research institutes on repair and rehabilitation, demand on joint management programs and integrated management plans involved in cultural properties, conflicts between development of national properties and protection of cultural properties, and infringement against property right of public restriction. Based on the results, this study presents the following suggestions: First, extra organizations to manage and study cultural properties should be established. Second, contribution and referral management of movable properties should be considered actively so that the people's desire to enjoy the properties may be satisfied and the damages may be lessened through integrated management. Third, index and excavation research institutes of buried cultural properties should be expanded. Fourth, in respect to designation and transmission of intangible cultural properties, national bibliography and historic academic data should be studied for organized preservation of them and the basic frame to preserve their prototypes as they were should be found for use as education data. Finally, fifth, it is suggested that for balanced development of national territory and buried cultural properties, excavation expenses should be partially paid by the governments and for the land designated as a preservation zone, the government accepts the purchase claim right.