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the Prevention of the Stolen or Illegally Exported Cultural Heritage and the Law on the Protection of Culture Heritage

  • DONG-A LAW REVIEW
  • 2012, (54), pp.539-570
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Deokin Lee 1

1부산정보대학

Accredited

ABSTRACT

In reality of society’s approaching to multi-cultural, addicting to nationalistic single-culture system cannot be accepted any more agreeably, but it does not mean that the basis of identity has to be changed or disappeared. So, what we want pursue is laid in developments of incumbent society and nation’s permanency, and this has been inherited from the past, and has to be connected to the future by intermediating now through crystallization called cultural heritages. Cultural heritages do not mean tangible and intangible objects that have excellent creative values by cultural activities, especially designated as protected things from the Cultural Property Protection Law simply, it contains the rise and fall of specific countries and nations together with their immaterial, mental identity symbolically. Based on these reasons, activities of trying to get back cultural heritages having been drained away to abroad are being promoted from government-wide dimensions. However, various difficulties are scattered actually, and the necessity of having to solve these pre-conditional barriers first is coming to the front intensely. That is, concepts on cultural heritages charged with properties have to be changed into value-centered ones, and returned cases of foreign countries shall be reviewed closely together with grasping drained cultural heritage’s status empirically at the same time. In addition, our country has to do early participation in international norms related to cultural heritage protections having been delayed till now, and confirm on whether there are not cultural heritages of foreign countries that have to be returned based on principles of reciprocity in international laws, and hasten restorations to its original countries without any conditions if such objects are existed. Besides, right recognitions on cultural heritages are required to be enlightened so as to correct fetishistic public sentiment in which cultural heritages are regarded as converting means to monetary values, and social environments that instigate it have to be improved too. In relation with this point, current Cultural Property Protection Law is foretelling such like damaging or removing cultural heritages to abroad illegally will be dealt with strict punishments. However, it brought limitations on sentencing processes to practitioners as penalty norms for bluffs literally, and became a punishment of not making general prevention to the society or special ones to criminals. Therefore, the law has to be revised toward reasonable directions so that recognitions of being certainly punished without exceptions could be implanted from relevant penalty regulations.

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