등록문화재 제도와 사유재산 조화에 관한 고찰

Abstract

In 2001, Republic of Korea introduced ‘Registered Cultural Heritage System’(‘RCHS’ hereinafter) to better preserve and utilize modern cultural heritage, which had not been adequately protected. With attention on the urban regeneration issue on the rise, preservation and utilization of modern cultural heritage is gaining more public interest as well. Moreover, various social issues surrounding Registered Cultural Heritage(‘RCH’ hereinafter) are also emerging. Meanwhile, Cultural Heritage Administration of Korea intends to encourage registering modern cultural assets as RCH to properly preserve and utilize them. From 2018, cultural assets by line, and by area, were registered as RCH for the first time(at Gunsan, Mokpo, Yeongju). The Administrator of Cultural Heritage Administration will designate additional target zones for 2019, to spread the ‘Modern History Culture Space Regeneration Project’ to a national level. According to the revised Cultural Heritage Protection Act which will take effect in December 2019, to allow city mayors and provincial governors to administer the RCH along with the Administrator of Cultural Heritage Administration, which would lead to more active discussions on the registration of RCH. Meanwhile, the possibility of RCHS elevating social tensions cannot be ruled out. However, legal study on the RCHS has not yet been sufficient. In this light, this article will first examine the currently effective RCHS under Korean law. This article will further examine current system for preservation and utilization of RCH, how the basic rights of individuals are restricted in the process, and how to find the balance between the public interest of protecting RCH and the private interest of protecting private property rights.