독일의 새로운 문화재보호법(KGSG)에 관한 고찰

초록

In 2016 Germany enacted a new Cultural Property Protection Act (KGSG). In the background, it was necessary to implement the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property to which it joined in November 2007 and a series of norms for the control of import and export of cultural properties of member states of the European Union into domestic law. This paper seeks to find implications for our cultural property protection law by examining Germany's new Cultural Property Protection Act (KGSG, as well as our legislative direction to harmonize with the international norms on the eradication of illegal distribution of cultural property. With this thought in mind, in Ⅱ. of this paper, first of all, the legislative background for the enactment of the new Cultural Property Protection Act in 2016 will be reviewed, and in Ⅲ., in to the details of the new German Cultural Property Protection Act will be delved. Based on this, in Ⅳ., instead of the conclusion, the implications for our cultural property protection law will be considered. In particular, in Ⅲ., a key section of this paper, will be explored following: definition of cultural properties stipulated by the German Cultural Properties Protection Act, protection from outflow of cultural properties, registration procedures and effects of national important cultural properties, measures to prevent illegal export and import control of cultural properties, duty of care for placing cultural properties on the market, procedures for returning illegally imported cultural properties and compensation issues, procedures for the return of illegally exported cultural properties, and legal measures for international lending of cultural properties. It is expected that this study will not only provide information on foreign legislation, but will serve an opportunity for more effective legislative supplementation by objectifying the level of our cultural property protection law in light of the international normative order for fighting illegal trade of cultural properties.

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