미술품 담보제도에 관한 법적 고찰

Abstract

Recently, as Korean wave spreads globally, enormous economic value and cultural influence exerted by cultural contents are felt realistically. Given this influence exerted by cultural contents, it is considered that discovering and developing art works of our country should be handled significantly for the benefit of cultural development and national interest as well. Given the fact that art works has a value as a goods of investment subject instead of just a subject of its appreciation, trading of art works would be activated by its value being increased when its role is made to be played as a media of being able to guarantee credit for financial transaction and this activation of transaction would provide a favorable means of discovering and developing cultural contents. Therefore, in order to secure security value of art works as a way of developing cultural contents, problems depending on features of each art work and its improvement method would be explored based on existing security act and laws on security for movables and receivables. As a way of securing funds by using art works as security, existing method of establishing right of pledge, right of transfer mortgage and ownership (property) forbearance bearing sale are available. However, these methods impede expansion of art work possessors by restricting features of exclusiveness, esthetic value and non-applicability of depreciation involved in art works. It is considered that these problems would be somewhat eliminated by implementation of movables security act but it is expected that its effect would not be significant due to name-based filing system adopted by movables security act. Therefore, if a realfolium should be adopted through registration of art works in order to ensure appreciation of esthetic value, reduction of cost for ownership transfer and allow guarantee of credit for financial transaction like the case of real estate while possessing art works continuously, mortgage for registered art work would be enabled and as a consequence, limitation of existing security act and movables security act could be solved. And as market of art work should be operated actively in order to secure security value, activation of most fair and objective art work auction market among art work markets shall be provided as its base. In order to achieve this objective, appraiser qualification system shall be introduced in order to ensure professional appraisal having public credibility and at the same time, in order to progress reliable auction, qualification system for auction broker (dealer) is required to be introduced as well. And more than anything else, establishment of an educational institution where appraiser and auction broker could be trained is required. In addition, in order to ensure fair progress of auction, systematic arrangement for auction procedure shall be provided. As art work has a characteristic different from that of other general industrial products, regarding any problem that may be taken place in a process of art work transaction, solving such problem through a unified legal system on an integrated basis would be an efficient way of exploiting and developing cultural contents called art work.