국가유산기본법의 제정과 향후 과제

Abstract

The Framework Act on National Heritage(hereinafter "the Act"), which is promulgated on May 16, 2023, is enacted to reflect the changed cultural property policy environment since the enactment of the Cultural Property Protection Act in 1962, and to convert to a national heritage system that meets international standards of 1970 UNESCO Convention. The Act will substitute the Cultural Property Protection Act and function as the highest law to govern the national heritage system from next year. The present Cultural Property Protection Act has been criticized for many different reasons; first, the term "cultural property" needs to be replaced to "cultural heritage" or "national heritage" because it is difficult to embrace various kinds of heritage due to its strong implication of property. Second the classification of cultural property should be amended to correspond to the types provided in the international conventions. Third, the basis for compensation for losses for individual special sacrifices caused by the designation of cultural properties should be provided. Finally the unsystematic organization of the chapters and articles and the lack of detailed regulation on the protection of world heritage were also pointed out. The newly enacted Act shows some positive aspects in that it has introduced the concept of the national heritage which focuses on the value of the community heritage rather than the property value, presents the objective to include the protection, the succession and also the enjoyment of the national heritage, and elaborates the principles of the national heritage protection in more detailed way. Nevertheless the various problems in the Cultural Property Protection Act still remain. First of all the lack of the compensation provision for the limitation on the private property right should be corrected. Also the problem of the composition and organization of the Act and the related laws needs to be systemized. Finally It is necessary to clarify in detail the procedures and methods of protecting world heritage in the Act, the World Heritage Act, and the relevant enforcement decrees.