독일에서의 도난 및 약탈 미술품의 반환 문제

초록

The legal problems concerning cultural property, above all fine art works, cover ①conservation, ②theft, plunder(in the wartime, etc.) and reparation, ③bona fide purchase protection(and its applicable law), ④international legislation, ⑤appraisal and damages, and ⑥insurance. This article scrutinize ② among the above, in the light of German experiences. It is hoped thereby to help further discussions of ③ and ④. German has gone through large-scale wars and other armament conflicts, which gave a rise to many legal problems especially with the Russians and the Jews; Germany stood (mostly) plaintiff with one, as well as defendant with the other. The German experiences are expected to come in useful for the Korean problems in relation with other countries such as Japan. Here, all attentions will be focused on explanation of the German experiences, without striving to retrieve any conclusive argumentations.

키워드