매장문화재와 유존지역의 定義에 대한 법리적 검토

Abstract

The Constitutional Law protects the cultural heritage and national culture by the article 9 “The State shall strive to sustain and develop the cultural heritage and to enhance national culture”. In the protection of the cultural heritage, the principle of the constitution, like the void for vagueness and due process, should be applied in any cases. There are some legal problems which should be reacted in the act on protection and inspection of buried cultural heritage in the view of the principle of the constitution as mentioned above. The article 2 of the act on protection and inspection of buried cultural heritage says that The term “buried cultural heritage” means tangible cultural heritage buried or distributed underground or underwater and tangible cultural heritage contained in the structures, etc. and natural caves and fossils formed and deposited on the ground surface, underground or underwater (including seas, lakes and rivers), etc. and other objects deemed to have outstanding geological values under Presidential Decree. The article 4 proclaims that “the area of buried cultural heritage” means An area in which buried cultural heritage is recognized to exist, as prescribed by Presidential Decree. The article 3 of the enforcement decree of the act on protection and inspection of buried cultural heritage says the examples of the area of buried cultural heritage. The problem is that the definitions of ‘buried cultural heritage’ and ‘area of buried cultural heritage’ are not unquestionable. Some articles are reviewed and revised by the principles of the constitution.