문화재 관련 기본법령체계 재구축 연구

Abstract

After 「The Cultural Properties Protection Law」 that has played the role of the primary legislation for our Cultural Properties was legislated in 1962, as the importance of Cultural Properties and the policy importance of competent authorities were doubled, recently, the legal system including 「The Cultural Properties Protection Fund Law」and「The Law for Cultural Properties Repair」 has been accelerated. The Cultural Properties Protection Law hasn’t played its sufficient role to accept the environmental change surrounding cultural properties. Also, as the regulation-centric legal systemization with the attribute of cultural properties protection may conflict with the concept of cultural properties promotion, enjoyment, basic legal rights and industry, etc., at the point of view of laws and ordinances, the expandability isn’t easy. Therefore, it is necessary to formulate new legal system that can expand the existing policy range. This study tried to find the directional nature that the primary legislation should proceed through the directional review of Cultural Properties Policy for matching up to the recent fast-changing environment. In particular, the Cultural Properties Law has been legally systemized according to the Cultural Properties type as well as the policy function, however, at the future point of view, it is considered that the functional systemization is more desirable if it is not a specific Cultural Properties type(including natural monument).