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A Study on the Tendency of the Legal System for Cultural Property Protection:through the Comparison among the East Asian Countries

  • Public Land Law Review
  • Abbr : KPLLR
  • 2011, 53(), pp.355-378
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

CHONG SANGWOO 1

1인하대학교

Accredited

ABSTRACT

The cultural property protection law of Korea was enacted in 1962 and has become effectuated as a ‘single-law’ system. In recent years, this Act has been revised by dividing it into 「Protection of Cultural Property Act」, 「Act on the Protection and Survey of Buried Cultural Properties」 and 「Act on Cultural Properties Renovation」, and is effectuated in 2011. In view of the situation that the legal system became complex based on the expansion of the cultural property type and changes in the cultural property policy, there is now a well-organized law system. However, there still remains a settlement of disagreement between the law and policy, a reflection of a new legislation demand and demand for legislation on division by features of cultural property. To seek for such revision of legal system, in this study, the cultural property protection laws of the East Asian countries that have similar features to Korea's cultural property law were compared and considered. As a result, the study presented legislative tasks such as concept and type of cultural property, legislation on division by cultural property type and the maintenance of system integrity.

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