문화재 소관 법령에서 '원형유지' 원칙에 대한 법률적 검토 = Legal Review of Heritage Laws and Regulations

다국어 초록 (Multilingual Abstract)

This essay explores the ways in which the philosophical concept of "original form" is expressed in relevant laws and regulations, the legal character of respective regulations, the way in which each regulation is applied in practice for heritage management, and the factors required for this concept to serve as a legally binding fundamental principle. The current laws and regulations on heritage maintain a consistent requirement for preserving the original form of heritage, both for the general public and for heritage professionals. However, the principle of preserving original form is expressed as a declaration or imperative without substantive definitions. Consequently, heritage administrators simply follow administrative procedures for heritage conservation, management, and promotion while failing to specify the meaning of "original form." For the practical application of the principle of preserving original form to overall heritage conservation activities as an actual legal principle, further provisions should be added for the purpose of clarifying the principle, with consideration given to the observation of fundamental principles for legal provisions, such as the principles of clarity, equality, and proportion. The principle of preserving original form still functions as the most necessary principle for heritage conservation and therefore should be reestablished as a refined and rational regulatory system.

참고문헌 (Reference)

1 "문화재수리 등에 관한 법률"

2 "문화재보호법"

3 동아일보, "문화재 활용이냐, 보존이냐. 宮스테이 찬반논란 팽팽"

4 "무형문화재 보전 및 진흥에 관한 법률"

5 "매장문화재 보호 및 조사에 관한 법률"

6 "고도 보존 및 육성에 관한 특별법"

7 감사원, "감사결과보고서 : 문화재 보수 및 관리 실태" 2014