문화유산의 재구성: 적극적인 보호와 자연권을 향하여

Abstract

The Cultural Heritage Administration recently enacted a resolution to reclassify ‘cultural properties’ as ‘cultural heritage.’ This shift, formalised through the Basic Cultural Heritage Act and passed by the National Assembly, came into effect on 17 May 2024. The terminological change signifies an evolving recognition of cultural heritage as an asset of both economic and intangible value. Beyond its immediate utility, cultural heritage is framed as a collective legacy, which is essential for its preservation and transmission to future generations. However, despite the change in nomenclature, a notable gap persists in active, comprehensive efforts to protect cultural heritage. The current approach remains largely passive, and is driven by administrative convenience and political exigencies, rather than by a principled commitment to safeguarding the intrinsic value of cultural heritage. This state-centred preservation model is fraught with limitations, focusing primarily on short-term political and economic imperatives, while failing to sufficiently consider the dynamic nature of heritage value. The vulnerability of the modern maritime cultural heritage on Kadŏkto Island—currently under threat due to the construction of a new airport—serves as a pertinent example in this regard. Heritage sites that do not align with state priorities are often neglected or face destruction, underscoring the selective nature of preservation efforts. As such, this research proposes an alternative approach by exploring the extension of ‘natural rights’ to include cultural heritage, drawing on international precedents such as the environmental protection laws of Ecuador and Bolivia, which grant legal rights to natural entities. Applying the concept of natural rights to cultural heritage would enshrine its protection, ensuring its survival and safeguarding it against harmful alterations. Such a framework would empower cultural heritage with legal standing, allowing it to resist degradation more effectively. Moreover, the paper will examine the broader historical and cultural significance of cultural heritage in relation to national identity, collective memory, and its enduring relevance for future generations. By advocating a rights-based approach, this study seeks to establish a more equitable and proactive model of preservation—one that transcends the fluctuating interests of economic or political convenience. In doing so, it contends that cultural heritage, irrespective of its immediate utility, should be afforded equal protection, and that its preservation must be a fundamental responsibility shared between state and society. The development of a new legal framework, grounded in this principle, could advance a more sustainable and holistic model for safeguarding cultural heritage.