SHERP

국가의 문화유산보호의무와 고도의 보존
Protection of Cultural Heritage and Legislative Suggestion for Preservation of Old City

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Authors
정종섭
Issue Date
2003
Publisher
서울대학교 법학연구소
Citation
법학, Vol.44 No3 pp.28-66
Keywords
cultural right문화재보호법등록문화재제도문화적 권리의 실현
Abstract
There is not a systematic law to protect historical cultural old cities in Korea.
This article aims at designing the legal system of “Old City” preservation and
suggesting legislative frame. First, I analysed the concept of cultural right and
government's obligation in protecting cultural heritage. In discussion about the
concept of cultural right, there are many ideas from the aspect of international
human right than that of constitutional right. Wheres many different opinions
were suggested around the concept of cultural right, it has been still ambiguous
and not clear what the cultural right means. In this article, I sketched various
academic opinions about the cultural right and tried to get the government's
obligation to protect cultural heritage from the article 9 of Korean Constitution.
The article imposes the government to protect the cultural heritage.
In Japanese, the first law to preserve historical old cities was made in 1966.
In designing the legal preservation of old cities, Japanese legal system and its
development looks much helpful for us. I introduced Japanese legal system of
“Old City” preservation and suggested my ideas.
I suggested that the current Korean cultural property protection law is not
sufficient to preserve the historical old cities and special legislation is necessary.
In making the policy of old cities protection, it is necessary to approach the
protection of old cities as a “face” not a “point.” To preserve a city as the old
city, the government should determine a certain historical city as a preservation
area. In case that a combination of historical area and natural scenery creates
undivided cultural value, it is necessary to determine the whole areas as the...
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/9160
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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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