독일의 문화재보호법제에 관한 고찰 - 1955년 문화재반출방지보호법(KultgSchG)을 중심으로-

초록

Once cultural properties are taken to a foreign country, they tend to be concealed away, so that it is very hard to repatriate home country. Because of that many countries have enacted and implemented cultural property protection laws in order to prevent cultural properties from exporting illicitly. This hereby article is about analysis of the legal regulation regarding the German Cultural Property Law, especially focused on the Law concerning Controls on the Illicit Export of Cultural Property (in German Kulturguterschutzgesetz: KultgSchG) in 1955. Through this the Author will seek suggestive points for the korean cultural property law by examining legal situations and contents in German Cultural Property Law. Part I of this article reveals such purpose of this study. Part II take a general view of the current legal system of the cultural properties in Germany. German legal system is structurally different from korea`s in terms of that German legislative authorities are distributed into federal and state governments due to federal state and Germany should take the laws of European Union into consideration when it enact the domestic laws as a member of EU. Accordingly this article gives an outline of German Cultural Property Protection Laws, dividing into the domestic laws and the law of international level as well as European community one. Part III presents the process that cultural property legislation is developed in Germany. It chronicles from Hessen Monument Protection Act (in German Denkmalschutzgesetz) in 1902, Arts Export Act (in German Verordnung uber die Ausfuhr von Kunstwerken) of the Weimar Republic in 1919 through the cultural vandalism at the time of Nazi regime (3rd Period of the Empire) to the legal situation of the post world war period. Part IV details German Law Concerning Controls on the Illicit Export of Cultural Property (KultgSchG). The author scrutinizes the scope of application, registration procedures, the legal effect of the registration and other details of the law and its operation. The core of German KultgSchG is that, the "art and other cultural property" and "documentary" able to be symbolized as "German cultural retainment" and of which the export is evaluated "intrinsic loss" must be registered on the list of documentary which supreme state (Bund) office take charge of and even when those things need to be exported temporarily, it is required to receive federal approval of the Secretary of the Interior. Part V, the conclusion of this study summarize the legislative background, development process and contents of German KultgSchG. It also considers some implications from the German law for the Korean Cultural Property Law.

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