不法文化財 返還에 관한 國際協約과 國內法的 履行

International Convention on the Return of Illegally Displaced Cultural Property and It"s Domestic Enforcement

&nbsp;&nbsp;Cultural property constitutes one of the basic elements of civilization and national culture, and that its true value can be appreciated only in relation to the fullest possible information regarding is origin, history and traditional setting, The illicit import, export and transfer of ownership of cultural property is an obstacle to that understanding between nations which it is part of UNESCO’s mission to promote by recommending to interested States, international conventions to this end, Therefore UNESCO adopts the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property on the fourteenth day of November 1970.<BR>&nbsp;&nbsp;As UNESCO Convention is not self-executing convention, the implementation of the Convention in each contracting parties needs domestic enactment. And the relationship between the return of illicit cultural property to the original country and the protection of purchaser in good faith is not clear. Therefore UNIDROIT adopts the Convention on the International Return of Stolen or Illegally Exported Cultural Objects[1995], to makeup these shortcomings.<BR>&nbsp;&nbsp;Korea, one of the contracting parties to the 1970 UNESCO Convention, has not acceded to the 1995 UNIDROIT Convention until now. It is suggested that the laws on the protection of cultural properties should be amended to implement the both 1970 UNESCO Convention and 1995 UNIDROIT Convention as soon as possible.