• Korean Journal of Heritage: History & Science
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• v.37
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• pp.371-405
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• 2004

International circulation of cultural assets involves numerous countries thereby making an approach based on international law essential to resolving this problem. Since the end of the $2^{nd}$ World War, as the value of cultural assets evolved from material value to moral and ethical values, with emphasis on establishing national identities, newly independent nations and former colonial states took issue with ownership of cultural assets which led to the need for international cooperation and statutory provisions for the return of cultural assets. UNESCO's 1954 "Convention for the Protection of Cultural Property in the Event of Armed Conflict" as preparatory measures for the protection of cultural assets, the 1970 "Convention on the Means of Prohibiting and Preventing the Illicit Import and Transfer of Ownership of Cultural Property" to regulate transfer of cultural assets, and the 1995 "Unidroit Convention on Stolen or Illegally Exported Cultural Objects" which required the return of illegally acquired cultural property are examples of international agreements established on illegal transfers of cultural assets. In addition, the UN agency UNESCO established the Division of Cultural Heritage to oversee cultural assets related matters, and the UN since its 1973 resolution 3187, has continued to demonstrate interest in protection of cultural assets. The resolution 3187 affirms the return of cultural assets to the country of origin, advises on preventing illegal transfers of works of art and cultural assets, advises cataloguing cultural assets within the respective countries and, conclusively, recommends becoming a member of UNESCO, composing a forum for international cooperation. Differences in defining cultural assets pose a limitation on international agreements. While the 1954 Convention states that cultural assets are not limited to movable property and includes immovable property, the 1970 Convention's objective of 'Prohibiting and preventing the illicit import, export and transfer of ownership of cultural property' effectively limits the subject to tangible movable cultural property. The 1995 Convention also has tangible movable cultural property as its subject. On this point, the two conventions demonstrate distinction from the 1954 Convention and the 1972 Convention that focuses on immovable cultural property and natural property. The disparity in defining cultural property is due to the object and purpose of the convention and does not reflect an inherent divergence. In the case of Korea, beginning with the 1866 French invasion, 36 years of Japanese colonial rule, military rule and period of economic development caused outflow of numerous cultural assets to foreign countries. Of course, it is neither possible nor necessary to have all of these cultural properties returned, but among those that have significant value in establishing cultural and historical identity or those that have been taken symbolically as a demonstration of occupational rule can cause issues in their return. In these cases, the 1954 Convention and the ratification of the first legislation must be actively considered. In the return of cultural property, if the illicit acquisition is the core issue, it is a simple matter of following the international accords, while if it rises to the level of diplomatic discussions, it will become a political issue. In that case, the country requesting the return must convince the counterpart country. Realizing a response to the earnest need for preventing illicit trading of cultural assets will require extensive national and civic societal efforts in the East Asian area to overcome its current deficiencies. The most effective way to prevent illicit trading of cultural property is rapid circulation of information between Interpol member countries, which will require development of an internet based communication system as well as more effective deployment of legislation to prevent trading of illicitly acquired cultural property, subscription to international conventions and cataloguing collections.

• Korean Journal of Heritage: History & Science
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• v.56 no.2
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• pp.282-294
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• 2023

Efforts are being made internationally to pay attention to the landscape value of modern and contemporary heritage and to pass it on. However, in Korea, the registration of modern and contemporary landscape heritage as registered cultural properties is insignificant. There has also been little discussion on ways to improve the system in this regard. This study sought ways to improve the registration criteria and classification system of the registered cultural property system so that modern and contemporary landscaping heritage could be protected. Currently, the registration criteria for registered cultural properties are not stipulated for each type of heritage, but are stipulated as a single comprehensive standard. Registration criteria should be separately prepared so that the landscape value of the heritage can be reviewed. First, the registration criteria have an important value in understanding the development of landscape culture. Second, well-preserved landscaping reflects or characterizes the times. Lastly, it should be defined as related to the works of major artists or important figures or historical events. The classification system must match the studied building cultural property classification system, and the detailed types of modern and contemporary landscape heritage should be specified. The major classification follows the building cultural property classification system, but parks and green spaces, squares, and gardens, which can be called a single landscape heritage, should be added to the middle classification. Landscaping heritage, such as gardens combined with building heritage, shall be specified in the subcategory based on building use.

• KOMUNHWA
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• no.48
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• pp.3-42
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• 1996

필자는 대학박물관의 건전한 육성을 위한 선결과제로서 법령정비의 중요성을 강조하여 오면서 ${\ulcorner}$대학박물관, 법적근거 마련이 시급하다${\lrcorner}$(한국 대학박물관협회 편, ${\ulcorner}$고문화${\lrcorner}$ $40\cdot41$ 합집, 1992. 12)를 발표한 데 이어, ${\ulcorner}$'박물관 및 미술관 진흥법'의 개정방향과 그 시안${\lrcorner}$(한국 대학박물관협회 편, ${\ulcorner}$고문화${\lrcorner}$ 44집, 1995. 1)을 발표하였다. 필자는 이 시안을 준비한 1993년부터 문화체육부, 교육부, 총무처, 법제처, 국립중앙박물관, 국립현대미술관, 문화재 관리국, 한국 박물관 협회, 한국 대학박물관 협회 등 관련기관과 협의하여 동법의 전면개정을 추진하여 왔으나, 각 기관의 이기주의가 극심하여 동 법의 개정작업이 얼마나 험난한가를 뼈저리게 절감하였다 이에 이미 발표한 시안을 현행법규와 비교한 개정시안으로 다듬어, 관계 제 기관이 참여하는 공청회를 통하여 전면개정을 추진하는 한편, 1996년 4월 총선으로 새로 구성되는 15대 국회의 문공위원회에도 전면개정의 여론을 환기시킬 예정이다. 필자는 1991년부터 국립대학교 박물관장 협의회 부회장을 맡아오고 있으며, 95년도부터 정부예산안에 각 국립대학별로 ${\ulcorner}$박물관 지원비${\lrcorner}$의 예산계상을 관철시킨 바 있다.

• Korean Journal of Heritage: History & Science
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• v.50 no.2
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• pp.26-39
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• 2017

Natural monument system was originally developed as an environmental movement and introduced in Korea during Japanese Colonization. Korea, Japan and Germany are the countries that have the natural monument systems. They are controlled by the Cultural Properties Protection Law in Korea and Japan but by the law of the protection of natural environment in Germany. For that reason the progress of the law and policy directions are similar between Japan and Korea. The natural monument system of Korea has been in use since 1930s, but the values and conditions of natural monument systems have changed over time. In terms of contents, these days cultural identity involved are getting more important than the natural scenic and ecological values, or rarity of plants. Also it's a trend to expand the preserved area around cultural properties which have been preserved on individual basis before. Finally it is necessary to discover and manage the registered cultural properties as potential designated cultural properties by creating the registration standard for natural heritage.

• Korean Journal of Heritage: History & Science
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• v.49 no.1
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• pp.22-43
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• 2016

State Ownership of Excavated Cultural Heritage System was originated from the legislations concerning cultural objects during the Japanese colonial period (1910~1945) and was succeeded by the present Buried Cultural Properties Act enacted in 2011. Despite the importance of the system that completes the outcomes of excavations and determines the state-owned cultural properties, the foundation of national heritage, it has been limitedly regarded as administrative area and neglected by the academic scholars or policy researchers. Recently the traditional culture has drawn increasing domestic interest and awareness that the cultural heritage contributes to building cultural identity and vitalizing tourism has led to increasing the demand of a local government's role in management of the state-designated cultural heritage and even fighting for hegemony in securing the cultural objects between the central and local governments. Despite the continuing efforts for improving the selection process of cultural heritage and its management institution, establishment of an advanced objective system has been requested. This paper is intended to suggest the policy direction through demonstrating the problem and assignment caused in the process of implementing the Buried Cultural Properties Act and reviews the State Ownership of Excavated Cultural Heritage System from the legal point of view accordingly. First, I suggest improving the selection process of the state-owned cultural properties. Even though current law states that Administrator of Cultural Heritage Administration reviews the research reports and selects the possible candidates for the state-owned cultural properties almost all the cultural objects listed on the reports are practically selected. In this regard, two possible resolutions can be made; newly establishing a separate process for selecting the state-owned cultural properties after publishing the report or adding the selection process of the state-owned cultural properties during the heritage selection meeting. Either way should contribute to strengthening the impartiality and objectivity of the policy. My second suggestion is improving the operating system of the heritage selection meeting in which the cultural properties to be listed on the reports are determined. Given the present extensive assessment criteria, there is much room for certain experts' subjective opinions. Therefore, in order to enhance the fairness and credibility of the heritage selection meeting, specifying the assessment criteria and advance review of the expert list are necessary. Third, this paper suggests increasing the local government's role in management of the state-owned cultural heritage and diversifying the heritage management institution. Development of a local self-governing system has led to the increased demand for delegating the authority of the state-owned heritage management to the local governments. Along with this, the gradual improvements of public museum management raises the need for expanding the cultural benefits through increasing the local government's role in management of the state-owned heritage. Considering the fact that overall majority of the art collections housed at national or public museums is owned by the central government, developing a variety of heritage contents and vitalizing the heritage tourism are crucial. The true meaning and value of the state-owned cultural heritage hidden at the storage of a museum can be found when they are shared together with the public.

• Journal of Environmental Impact Assessment
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• v.19 no.2
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• pp.197-204
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• 2010

새만금사업, 신행정수도(행정중심복합도시, 세종시), 한반도 대운하사업(4대강 살리기사업) 등과 같은 대형국책사업은 대통령 선거공약으로 제시되었다. 그러한 대형국책사업이 국가의 이익을 위해 꼭 필요한 것으로 제시되었다 하더라도, 그 결과는 좋은 의도와는 다르게 나타날 수도 있다. 대통령 선거후 환경정책기본법과 환경영향평가법에 따라 대형국책사업에 대한 사전환경성검토(전략환경평가)와 환경영향평가가 이뤄졌지만, 예상하지 못했던 정치적, 사회경제적, 환경적 갈등이 발생하였다. 이러한 개발 및 환경 갈등의 원인은 여러 측면에서 찾을 수 있겠지만, 사회경제적 항목을 중심으로 하는 사회영향평가의 미흡을 그 원인으로 제시하는 연구가 많다. 대규모 국책사업을 둘러싼 개발 및 환경 갈등을 해소하기 위해, 우리나라와 외국의 사회영향평가의 현황과 연구 동향을 고찰하고, 국책사업의 주요 쟁점의 분석을 통하여 사회영향평가의 중요성과 필요성을 강조하였다. 그리고 사회영향평가의 도입, 강화, 지침 마련에 대해 다음과 같이 제안하였다. 첫째, 현재의 사전환경성검토(전략환경평가)시에 사회적 통합, 경제적 측면(B/C분석, 비용, 고용 등), 법제적 측면, 한반도 통일이나 국가균형발전 등과 같은 사회경제적 항목을 평가항목에 추가함으로써 사회영향평가를 도입하고; 둘째, 환경영향평가 시에 공공시설, 교육, 교통, 문화재, 경제적 타당성, 고용, 토지이용을 현재의 사회경제평가항목에 추가시켜 사회영향평가를 보다 강화시키고; 셋째, 한국의 환경적, 정치적, 경제적, 사회적, 문화적 상황을 반영하여(사회영향평가의 원리와 지침(가칭))을 마련하도록 한다.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2002.11a
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• pp.27-32
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• 2002

Cultural property Preservation Bureau of Korea excavated the massive shipwreck and her cargo from 1976 to 1984 sunken under Jeungdo Island, Sinan County located int eh southwest area of the Korean peninsula. It was the first systematic underwater excavation in Korea, and one of the richest underwater discovery int eh world. According to the reference materials, more treasure shipwrecks are assumed to be sunk under seaside of Korean peninsula. Such as, Donskoy near Ulleung Island, Kow Shing near Ul Island, and yamashita treasure ship off Korean peninsula, etc. The excavations of these treasure ship are likely to raise ownership dispute between private finders and government authority, and between ship owner and excavater due to lack of knowledge and awareness of related laws and regulation. Therefore, this study aims to examine existing legal regimes related to the excavated treasureship. And also it tries to suggest a new proactive measure to prevent the most likely ownership disputes between interested parties.

• Journal of Navigation and Port Research
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• v.26 no.5
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• pp.511-516
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• 2002

Cultural Property Preservation Bureau of Korea excavated the massive shipwreck and her cargo from 1976 to 1984 sunken under Jeungdo Island, Sinan County located in the southwest area of the Korean peninsula. It was the first systematic underwater excavation in Korea, and one of the richest underwater discovery in the world. According to the reference materials, more treasure shipwrecks are assumed to be sunk under seaside of Korean peninsula. Such as, Donskoy near Ulleung Island, Kow Shing near Ul Island, and Yamashita treasure ship off Korean peninsula, etc. The excavations of these treasure ship are likely to raise ownership dispute between private finders and government authority, and between ship owner and excavater due to lack of knowledge and awareness of related laws and regulations. Therefore, this study aims to examine existing legal regimes related to the excavated treasureship. And also it tries to suggest a new proactive measure to prevent the most likely ownership disputes between interested parties.

• (The)Study of the Eastern Classic
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• no.67
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• pp.203-236
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• 2017

The objective of this study is to suggest the transmission direction and tasks of Ssireum, and the conclusions are like below. First, Ssireum has been designated as a national intangible cultural heritage(No.131) in December 2016. Second, in the current status of preservation and spread of Ssireum, there is no system related to the transmission of Ssireum such as cultivation of professional manpower, and facilities, programs, and administration/finance for transmitting Ssireum. Third, based on the "Intangible Cultural Heritage Preservation & Promotion Act", the transmission direction of Ssireum was suggested. (1)The designation of a college to transmit Ssireum would be needed. (2)The Ssireum curriculum should be established. (3) It would be necessary to secure trainees for transmitting Ssireum. (4)The production of teaching materials for transmitting Ssireum would be needed. (5)It would be needed to secure training institutes designated in each region and also teaching personnels for transmitting Ssireum. (6)The research direction for the correct transmission of Ssireum should be set up. Fourth, based on the "Ssireum Promotion Act", the transmission direction of Ssireum was suggested. (1)It is urgent to complement provisions for transmitting Ssireum. (2)For the transmission of Ssireum, instead of the transmission direction of Ssireum as a national intangible cultural heritage in the standardized perspective, it would be necessary to seek for the joint transmission direction between South & North Korea for research & documentation of Ssireum that could be systematized/shared between South & North Korea, development/spread of contents for discovering the original form of Ssireum, and the establishment of a base of transmission system for the preservation/promotion of Ssireum through the academic/institutional exchanges regarding Ssireum between South and North Korea. Moreover, the overall and fundamental transmission measures for the education, transmission, research, record, and informatization of Ssireum, and the cultivation of professional manpower should be established. Fifth, the contents of institutional tasks for Ssireum are like following. (1)The institutional complementation of the "Ssireum Promotion Act" should be done for the domestic/foreign promotion of Ssireum. (2)For the integration of Ssireum organizations, the administrative system should be unified. (3)The standard technical system manual for Ssireum should be produced. (4)The 'Ssireum Transmission Center' should be built for the preservation and systematic transmission of Ssireum. (5)The selection of a college for transmitting Ssireum and the establishment of a system to cultivate Ssireum successors should be done. (6)It would be necessary to establish database(DB) for the use of Ssireum techniques essential for the transmission of Ssireum.