문화재보호와 헌법

Abstract

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. ..