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@article{ART001317921},
author={Kim, Sang-Kyum and 김성준},
title={A Constitutional Study on the State's Duty of Upholding Traditional Culture and the Preservation of Traditional Temples},
journal={Public Land Law Review},
issn={1226-251X},
year={2009},
volume={43},
number={2},
pages={461-482}

TY - JOUR
AU - Kim, Sang-Kyum
AU - 김성준
TI - A Constitutional Study on the State's Duty of Upholding Traditional Culture and the Preservation of Traditional Temples
JO - Public Land Law Review
PY - 2009
VL - 43
IS - 2
PB - Korean Public Land Law Association
SP - 461
EP - 482
SN - 1226-251X
AB - The 21st century is an age of culture. Diverse exchanges and communication among nations have accelerated globalization. Among the multi-layered interaction has cultural exchange become more important and frequent. The Constitution states in Article 9 the duty of the state to do every effort for the upholding and development of traditional culture. The importance of culture to the State can be definitely inferred from the fact that our Constitution mentions traditional and ethnic culture. Furthermore, in the culture lies the spirit and identity of a nation which were formed through the historical river. Our country has protected traditional temples as a part of traditional and ethnic culture. Traditional temples, as a preservation of Buddhist culture ingrained in our culture since the introduction of Buddhism to Korean peninsula, are being protected for the development of the culture. The state enacted “Traditional temples preservation law” to reach the goal. However, the content of this law hardly complements the “Traditional temples appointment policy”. That is, the law has not been playing a proper role for the cultural value and historical meaning granted to traditional temples. The basic characteristics of the temple as a residents for monks and at the same time as a space for people's religious acts are not even considered in the law. The most problematic issue in the Temple Law is the issue of temples within the environment protection area. Since most of the temples are located in the greens comes the issue in conflict with environment. The environment issue is an important agenda for the survival of human being in the 21st century. This provides the background why people must search for a method to cope with environmental issues and at the same time preserve the meaning of traditional temples. As our Constitution states, the state has an obligation for the preservation of its culture. Law makers should contemplate on a breakthrough to this issue within the rights and freedom of legislation. Not only environment, but also culture is the main agenda of the 21st century. The Buddhist culture as a great legacy of history is not merely a religious phenomenon. It is the spirit and mentality of our tradition and ethnicity. Law and institutions would have to develop in a way, in which traditional culture can be preserved and developed and at the same time, in which the flow of globalization is not disregarded.
KW - 문화국가원리(Principle of the Cultural State);전통문화(Traditional Culture);민족문화(National Culture) 개발제한구역(Greenbelt);전통사찰(Traditional Temple)
DO -
UR -
ER -

Kim, Sang-Kyum and 김성준. (2009). A Constitutional Study on the State's Duty of Upholding Traditional Culture and the Preservation of Traditional Temples. Public Land Law Review, 43(2), 461-482.

Kim, Sang-Kyum and 김성준. 2009, "A Constitutional Study on the State's Duty of Upholding Traditional Culture and the Preservation of Traditional Temples", Public Land Law Review, vol.43, no.2 pp.461-482.

Kim, Sang-Kyum, 김성준 "A Constitutional Study on the State's Duty of Upholding Traditional Culture and the Preservation of Traditional Temples" Public Land Law Review 43.2 pp.461-482 (2009) : 461.

Kim, Sang-Kyum, 김성준. A Constitutional Study on the State's Duty of Upholding Traditional Culture and the Preservation of Traditional Temples. 2009; 43(2), 461-482.

Kim, Sang-Kyum and 김성준. "A Constitutional Study on the State's Duty of Upholding Traditional Culture and the Preservation of Traditional Temples" Public Land Law Review 43, no.2 (2009) : 461-482.

Kim, Sang-Kyum; 김성준. A Constitutional Study on the State's Duty of Upholding Traditional Culture and the Preservation of Traditional Temples. Public Land Law Review, 43(2), 461-482.

Kim, Sang-Kyum; 김성준. A Constitutional Study on the State's Duty of Upholding Traditional Culture and the Preservation of Traditional Temples. Public Land Law Review. 2009; 43(2) 461-482.

Kim, Sang-Kyum, 김성준. A Constitutional Study on the State's Duty of Upholding Traditional Culture and the Preservation of Traditional Temples. 2009; 43(2), 461-482.

Kim, Sang-Kyum and 김성준. "A Constitutional Study on the State's Duty of Upholding Traditional Culture and the Preservation of Traditional Temples" Public Land Law Review 43, no.2 (2009) : 461-482.