매장문화재 훼손․파괴에 대한 처벌제도의 개선 필요성과 방향

Abstract

Once the archaeological heritage is damaged or destructed, it would be impossible to restore the original state perfectly or it would take a long time for restoration. With the knowledge and scientific technology of current times, there is a limitation for a perfect restoration. Protection and preservation of archaeological heritage is a given obligation of the country and people have an obligation to actively cooperate with the systems and policies of protection and preservation of archaeological heritage. System and policy are a starting point and basis for the protection and preservation of archaeological heritage, which could be achieved through the voluntary dedication, efforts, and recognition of all members of a social community. However, due to the lack of social recognition on the value and importance of the protection and preservation of archaeological heritage, and deficiency of systematic and preventive management system and institutional devices, some of the archaeological heritage are illegally damaged and destructed, and the effectiveness of the system and regulatory power are not properly working. In order to raise awareness of illegal damage and destructive activities of archaeological heritage and intensify the effectiveness and regulatory power of the system and policy, punishment on the illegal activities along with restrictive measures in business should be provided. It is necessary to improve and arrange the punishment system in full scale toward the direction to secure concreteness and clarity by providing aggravated punishment according to violation frequency and degree against breach of obligations and failure in compliance to administrative orders by developers, disturbing excavation research, and the activities to give harm to research institutes of archaeological heritage.