국내외 문화재 범죄 사범처리 분석 연구-문화재 보호 법률의 비교법적 분석을 중심으로-

Abstract

The frequency of crimes committed by cultural properties in Korea is significantly lower than the frequency of violent crimes such as murder, robbery, and assault generally thought by the people. However, even if the frequency of occurrence is low, it cannot be taken lightly considering the state-centered cultural property protection policy, the regulation of the people's property rights and basic rights to protect cultural assets, and the pan-national perception of cultural assets. Under the current Cultural Heritage Protection Act, cultural property offenders are subject to imprisonment or fines depending on the type of crime. However, so far, punishment has been lenient for cultural heritage offenders, and most of them are punished to a level that falls short of the prescribed statutory sentence. As a result, the punishment provisions stipulated to prevent and suppress cultural property crimes are not functioning properly. This study aims to analyze the punishment provisions and sentencing standards stipulated in the laws related to the protection of cultural properties in Korea, China, and the United States through comparative legal analysis and explain the differences. In addition, through the analysis of cases of cultural heritage crime treatment, the difference between the statutory and sentencing standards stipulated in individual types is analyzed to explain what implications exist for domestic cultural heritage crime treatment and suggestions.