문화유산관리의 법적주체와 관할경합 - 프랑스 제도의 함의 -

Abstract

The backbone of cultural heritage in a given state stems from its stewardship for it. The institution and its management varies from one state to another. In France, following the expanded decentralization that has taken place since the 1980s, the trend continued and furthered as it moves into the 2000s. In Korea, interests or zeal for the protection of cultural property is growing with unprecedented propensity. Yet one has to recognize at the same time the concerted efforts of the conservation experience as to the cultural heritage remains rather marginal. At the same time the history of local autonomy, as another subject for the administration is short and limited. It is safe to say that the discussion on the matter is still in its infancy as far as the local governments are concerned. Therefore, Korea 's cultural heritage policy is still under the dominant role of a strong state, and cooperations between the state and local governments or between and among the local governments are rather limited as compared to the French counterparts. Instead, the role of the judiciary, in respects of areas such as recognizing legal entities or fostering foundations and associations, appears to be conspicuously active, as compared again to the French cases. MECENAT, a pro bono public-private cooperative organization, and similar entities are gradually expanding their roles in promoting towards the protection of cultural heritages. However, it should be pointed out that despite the decentralization and the emergence of the third sector, state appears to be still the leading protector in this regard. In other words, one would find that both in France, where cultural decentralization is relatively far more advanced, and in Korea, less decentralized, not much discernible differences, national interests being overwhelming as it relates to the protecting the cultural heritages. That is to say that primary goal predicates upon the national, rather than the regional or local interests. as far as protecting cultural heritages are concerned. All in all it is safe to say that with waning of the state power or its role as it relates to the cultural heritages one might call the emerging phenomena “localized national interests'.