국가의 문화유산보호의무와 고도의 보존

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...