동아시아지역의 문화재 보호 및 불법거래방지에 관한 법적 고찰
The Protection of Cultural Property and the Prevention of Its Illicit Trafficking in East Asia from a Legal Perspective

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서울대학교 법학연구소
법학, Vol.44 No3 pp.91-134
문화재(cultural objects)의 불법거래방지동아시아지역 문화재1965년 한․일 문화재협정히가사 컬렉션 사건
The prevention of the illicit trade in cultural objects has recently become a
global issue. The illegal trade in cultural objects is now increasingly recognized
as one of the most prevalent categories of international crime. As the seriousness
of the problem is widely felt, international society is making a concerted effort
to bring this problem under control through international cooperation. For
instance, it has adopted a series of international treaties on the prevention of the
traffic in stolen or illegally exported cultural objects such as the 1970 UNESCO
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export
and Transfer of Ownership of Cultural Property and the 1995 UNIDROIT
Convention on the International Return of Stolen or Illegally Exported Cultural
Objects. Not only national governments but also various NGOs and other
private-sector institutions and persons are participating in this concerted effort.
In this paper, I have discussed the prevention of the illicit trade in cultural
objects from an East Asian perspective. It is needless to say that the prevention
of the illegal traffic in cultural objects in East Asia has much in common with
that problem in other regions. In these problem areas common to East Asia and
other regions, I have discussed the present state of those problems in East Asia.
In addition to these common problems, I have tried to identify and discuss some
of the problems which I believe are specific to the East Asian region, such as
the massive transfer of Chinese and Korean cultural objects into Japan in the...
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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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