문화재보호와 헌법
Protection of Cultural Property and the Constitution

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Issue Date
서울대학교 법학연구소
법학, Vol.44 No3 pp.1-27
문화재민족문화재UNIDROIT 협약
An attempt is made to relate the Constitution to the protection of cultural
properties. In Korea, protection of cultural properties is manifestly a constitutional
matter for the state to have an obligation to take care of. The Constitution
Article 9 provides: “the State shall strive to sustain and develop the cultural
heritage and to enhance national culture.” The state's obligation to protect
cultural properties is derived specifically from the provision. No doubt, protection
of cultural properties is necessary for sustenance of the Korean national cultural
identity. Culture is an indispensible ingredient of what the nation is. Naturally,
protection of Korean cultural properties is important for the well-being of Korean
nation. At the same time, Korea is Constitutionally ordained to “promote a
lasting world peace and co-prosperity of the human beings”(the Preamble of the
Constitution). Cultural properties, whatever their origin may be, are among the
world cultural heritage that is indisputably important for the well-being of the
global community. Cultural Properties Protection Act is adopted precisely to fulfil
that important Constitutional obligations of the state for the protection of cultural
properties and world heritage. Now Cultural Properties Administration is
established to implement the cultural properties protection Act and related
policies. Korea has entered the international cultural properties protection regime
including UNESCO and its Convention on the Means of Prohibiting and
Preventing the Illicit Import, Export and Transfer of Ownership of Cultural
Property. ..
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 44, Number 1/4 (2003)
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