헌법상 문화국가원리의 실현을 위한 문화재의 불법반출금지 및 환수에 관한 연구

A Study on the Prevention against Illicit Export and Return of Cultural Property for the Realization of Constitutional Principle of the Cultural State

This study is aimed at researching on the methods of legislating the laws and regulations related to the Prevention against Illicit Export and Return of Cultural Property for the realization of Constitutional Principle of the Cultural State. In 1970 「Convention on the Means of Prohibiting the illicit import, Export and Transfer of Ownership of Cultural Property」and in 1995 「Unidroit Convention on Stolen or illegally Exported Cultural Objects」was singed to prevent "Illicit Export" and vitalize "Return of Cultural Property". The 「article 9 of constitution of Republic of Korea」prescribes "The State shall strive to sustain and develop the cultural heritage and to enhance national culture". And 「Cultural Property Law」was enacted in 1962. Thus nation have to strive to achieve the return of cultural property and also state should protect cultural property. Unfortunately, the role of government for the prevention of illicit export and of return of cultural property form other countries like Japan, USA, and Germany has not been successful because of "the robber of cultural property", "lack of public finance for the return of cultural property", "the increase in the number of Illicit Export", "a mild punishment" an etc. For this reason, rational improvement plan for the prevention against illicit export and return of cultural property is need very much. Therefore 「Cultural Properties Protection Law」should be appropriately improved for the realization of constitutional principle of the cultural state.