@article{ART001315058},
author={Kim, Choon-Hwan},
title={A Study on Legal Limitation of the Cultural Properties Administration and the Enjoyment Right of Cultural Properties},
journal={Public Land Law Review},
issn={1226-251X},
year={2008},
volume={42},
pages={575-594}
TY - JOUR
AU - Kim, Choon-Hwan
TI - A Study on Legal Limitation of the Cultural Properties Administration and the Enjoyment Right of Cultural Properties
JO - Public Land Law Review
PY - 2008
VL - 42
IS - null
PB - Korean Public Land Law Association
SP - 575
EP - 594
SN - 1226-251X
AB - The Constitution Article 9 provides; “the State shall strive to sustain and develop the cultural heritage and to enhance national culture.” That means the protection of cultural properties is manifestly a constitutional matter for the state to have an obligation to take care of in Korea. No doubt, the protection of cultural properties is necessary for sustenance of the Korean national cultural identity.
And also the Cultural Properties Protection Law is adopted precisely to fulfill that important Constitutional obligation of the state for the protection of cultural properties
and world heritage. Therefore Cultural Properties Administration is established to implement the Cultural Properties Law and related policies.
Generally after going through the Cultural Properties Protection Committee, the Cultural Property Preservation Bureau designates intangible cultural assets, human cultural assets etc. as important cultural properties according to the Cultural Properties Protection Law.
However, the Cultural Properties Protection Law has some problems. First, the Law is not a good to protect cultural properties and contains some shortages or an insufficiently enacted provision. Second, the Law itself is not sufficiently or aggressively implemented unhindered by bureaucratic read tapes and mannerism. All people think that the state does not complete its constitutionally provided obligations of the protection for cultural properties with the Law alone.
In the long run, the protection of cultural properties is dependent on a willingness of the citizens including the officials in charge, and we have to accept the legal theory of the Enjoyment Right of Cultural Properties, which is the heart of the matters in the policy-makings and laws for protection of cultural properties.
KW - 문화재(Cultural Properties);문화재향유권(Enjoyment Right of Cultural Properties);문화재보호(Cultural Properties Protection);문화재보호위원회(Cultural Properties Protection Committee);문화재보호법(Cultural Properties Protection Law);문화행정(Cultural Properties Administration);문화재청(Cultural Property Preservation Bureau);무형문화재(intangible cultural assets);인간문화재(human cultural assets)
DO -
UR -
ER -
Kim, Choon-Hwan. (2008). A Study on Legal Limitation of the Cultural Properties Administration and the Enjoyment Right of Cultural Properties. Public Land Law Review, 42, 575-594.
Kim, Choon-Hwan. 2008, "A Study on Legal Limitation of the Cultural Properties Administration and the Enjoyment Right of Cultural Properties", Public Land Law Review, vol.42, pp.575-594.
Kim, Choon-Hwan "A Study on Legal Limitation of the Cultural Properties Administration and the Enjoyment Right of Cultural Properties" Public Land Law Review 42 pp.575-594 (2008) : 575.
Kim, Choon-Hwan. A Study on Legal Limitation of the Cultural Properties Administration and the Enjoyment Right of Cultural Properties. 2008; 42 575-594.
Kim, Choon-Hwan. "A Study on Legal Limitation of the Cultural Properties Administration and the Enjoyment Right of Cultural Properties" Public Land Law Review 42(2008) : 575-594.
Kim, Choon-Hwan. A Study on Legal Limitation of the Cultural Properties Administration and the Enjoyment Right of Cultural Properties. Public Land Law Review, 42, 575-594.
Kim, Choon-Hwan. A Study on Legal Limitation of the Cultural Properties Administration and the Enjoyment Right of Cultural Properties. Public Land Law Review. 2008; 42 575-594.
Kim, Choon-Hwan. A Study on Legal Limitation of the Cultural Properties Administration and the Enjoyment Right of Cultural Properties. 2008; 42 575-594.
Kim, Choon-Hwan. "A Study on Legal Limitation of the Cultural Properties Administration and the Enjoyment Right of Cultural Properties" Public Land Law Review 42(2008) : 575-594.
