• Title/Summary/Keyword: 문화재보호법

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Explanations of the Revised Protection of Cultural Properties Act (개정 문화재보호법 해설 -'99년 1월 ~ 2001년 9월 기간 개정사항-)

  • Cho, hyon-jung
    • Korean Journal of Heritage: History & Science
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    • v.34
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    • pp.222-267
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    • 2001
  • The purpose of this document is to explain the revisions of the Protection of Cultural Properties Act and its sub-laws which have been mad from Jan. 1999 to Sep. 2001. The Protection of Cultural Properties Act and its sub-laws have been revised three times from 1999 to 2001, before and after the Office of Cultural Properties was raised to Cultural Properties Administration on May 24, 1999. The main points of the revisions are as follows. First of all, the role of the local autonomous entities has been increased. The governor of the local autonomous entities is entitled to announce administrative orders related to the preservation of State-designated Cultural Properties. Also, the local autonomous entities has the authorities to examine whether the construction work which will be made in the outer boundaries, which is provided by regulations, of the protected area of the cultural properties might have any effect on preservation of cultural properties or not. Second, preventive actions to protect the cultural properties have been strengthened. If the scale of construction work is more than some scale, the preliminary survey of the surface of the earth to confirm the existence of buried cultural properties and their distribution is obligated. One who is promoting the development plan more than some scale must discuss the plan with the Administrator of Cultural Properties Administration in the process of planning. These actions would be effective to prevent the cultural properties from being damaged because of the development. Third, relaxation of the restrictions has been proceeded. On the basis of regulations which specify the actions to affect the preservation of cultural properties, negative system that does not limit the actions which are not specified in the regulations is introduced. The appropriateness of both protected structure and area should be regularly reviewed and adjusted. Also, most of the restrictions which was made only for administrative convenience and over-regulated the people's living have been revised. Finally, the number of cultural properties to be protected has been increased. Besides the State-designated Cultural Properties, the other cultural properties which are worthy to be protected as City-or-Province-designated Cultural Properties can be designated provisionally and protected. The system of registration and maintenance of the buildings and facilities which are not designated as the Modern Cultural Heritages is established. The penalty for damaging and stealing the cultural Properties which are not designated to be protected was strengthened. Even a dead natural monument can be acknowledged as an natural monument and it is limited to make a specimen or stuffing of the dead natural monument. All of these actions are fit to the high level of understanding of the public about the cultural properties and as the result of these actions, the number of cultural properties to be preserved has been increased. To sum up, the directions of revisions of the Protection of Cultural Properties Act and its sub­laws which have been made from Jan. 1999 to Sep. 2001. are the localization of the protection of the cultural properties, the strengthening of protective actions, the relaxation of various regulations and the increasing of the number fo the protected cultural properties. Also, various problems raised in the processes of implementations of the laws have been reviewed and revised.

Implications of the Transition into National Heritage System and the Enactment of Traditional Landscape Architecture (국가유산 체계전환 및 전통조경 법제화의 함의)

  • Hwang, Kwon-Soon
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.41 no.3
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    • pp.1-12
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    • 2023
  • After 60 years since the enactment of the cultural property protection act, Korea's national system of protecting what has been valued has been transformed into a 'National Heritage System'. To meet the new system, the classification of national heritage has been re-classified into three categories as cultural heritage, natural heritage, and intangible heritage. In accordance with the sub-classification, acts for cultural heritage act and intangible heritage has been amended and act for natural heritage has been enacted. Act for natural heritage defines natural heritage as natural objects or cultural heritage formed through the interaction between human beings and natural environment. The sub-classification are categorized as follows; animal, plant, geological and natural reserves, natural landscapes, historical-cultural landscapes, and mixed landscapes. It also allows creating traditional landscapes so that traditional way of landscaping can be encouraged and integrated with modern life within historic environment. In line with the new concept of traditional landscaping, existing practices will be also needed to be changed. Traditional landscaping will play a significant role in setting out the new administrative paradigm which focuses on more value preservation. This paper recommends that effective collaboration between government, experts of traditional landscaping, and owners should be established to integrate the new policy in practice.

A Study on Policy Improvement for Ensuring the Effectiveness of Suicide Prevention Law (「자살예방 및 생명존중 문화 조성을 위한 법률」의 실효성 확보를 위한 정책적 개선 방안 - 「개인정보보호법」과의 충돌문제 해결을 중심으로 -)

  • Kwon, Do-Hyun;Park, Jong-Ik;Ah, Yong-Min
    • The Korean Society of Law and Medicine
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    • v.20 no.2
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    • pp.261-285
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    • 2019
  • The essential policy of suicide prevention is to continuously manage and treat suicide attempted people through data base related to suicide retry rate and follow-up study report. In Korea, only few people are allowed to follow-up by the Personal Information Protection Act. As a result, the research participation rate and the service participation rate are rather low, so that the research participants is limited to a part of the suicide attempted people. Therefore, the policy proposals to be improved in the Ministry of Health and Welfare Act were examined comparatively in order to increase the practical utilization of the suicide prevention about Article 14 and Article 20 of the Suicide Prevention Act. As a criterion for policy improvement, measures for non-discrimination of information to be considered in terms of technical and ethical dimensions and non-profit research and medical information for medical purposes were suggested. In addition to the severity of the suicide, the suicide risk was assessed and the criteria for the objective assessment of the follow-up observation were considered in consideration of the severity of the suicide.

A Study on Characteristics and Management of Records of Architectural Cultural Properties (건축문화재 기록의 특성과 관리 방안 연구)

  • Kang, Soo-Na;Kim, Ik-Han
    • The Korean Journal of Archival Studies
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    • no.19
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    • pp.3-55
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    • 2009
  • Records of architectural cultural properties, in case of accidents, show who are to blame, present what evidences are to establish the cause, and also are used for checking if there were any problem in policies and regulations in preserving and caring architectural cultural properties. These records are of great importance in their roles and are of essential use regardless of time and space. Considering its significance, In that architectural cultural properties requires setting clear goals and directions and as well, criteria, for management, we need methods of systematical control and consideration for its characteristics. This research started with the sense of purpose that managing architectural cultural properties are in need of systematic and concrete control, based on the perception that they need protecting and transmitting. The goal of this thesis is to work on the current archiving status of architectural cultural properties by monitoring patterns and processes in archival administration, to diagnose problems by looking into the records creation and management, and to present the improvement plan which would lead to the architectural cultural properties' more efficient management and better use in the future. The management of architectural cultural properties begins with registering and assigning. Cultural Heritage Administration is in charge of control, supervision, and budget and local governments deal with direct management. Accordingly, records are by the hands of each local governmental body. Currently, each cultural property has its management depending on every different working environment in each governmental body. Architectural cultural properties needs managing in one body through the synthetic and unified, concrete and systematic manual and guide for management. Archiving architectural cultural properties have need of unitive management through a professional system, considering the physical characteristics and history of archiving. Unified management system will enhance efficiency and actual use of architectural cultural property records if one governmental body undertakes uniting records through standardization and professional supervision, and data-based unified search engine would enhance efficiency and actual use. Therefore, I suggest that Archives for Architectural Cultural Properties should be established as a professional Archives and wholly responsible body for the purpose of systematically and unifiedly managing architectural cultural property records with professional personnel and facility and transmitting their historical, cultural, and academic value. In Korea, studies up to the present have mainly focused on managing architectural records and records of drawing while few efforts were made to directly deal with managing architectural cultural properties themselves. The focus of this thesis is to study the current status and establish problems of the management of architectural cultural properties in administrative process, and as a result, to propose to establish Archives for Architectural Cultural Properties as a professional archives.

Research for Current Status of Protected Area in Korea and World Protected Area Designation - Focused on sacred natural sites designated as scenic site & natural monument - (국내 보호지역의 현황 및 세계보호지역 설정을 위한 기초연구 - 명승·천연기념물로 지정된 보호지역을 중심으로-)

  • Kim, Jae-Ung;Kim, Seung-Min
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.32 no.3
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    • pp.191-200
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    • 2014
  • This study aims to analyze the current status of government-designated cultural heritage that are protected as sacred natural sites, focused on natural monuments and scenic sites, and provide basic research for these cultural heritage to be included in the protected area category. First, among natural cultural heritage that are designated and protected by Cultural heritage Protection Law, there are 40 scenic sites and 126 natural monuments that have been selected as sacred nature sites. Second, the study showed that sacred nature sites are sacred places that have been long associated with happiness and misfortune of the villagers, including Dangsan Forest, Seunghwanglim(Forest), and, as physical environment and combination of cultural value, rules, and attitude and belief system toward the land that protect the people. The unique folk beliefs of the region provide strong protection of the place. Third, although the natural monuments of old and large trees are not included in the protected area as they are recognized sparsely, but can be designated as world protected area as protected areas are set around sacred nature sites. Fourth, in order to be included in IUCN category, sacred natural sites of scenic sites will need to be managed by specific categories of each area according to the interior status of the designated areas and maintain the sustainability of the natural heritage by protecting both physical and spiritual elements.

Types of Scenic Sites of State-Designated Cultural Property and Relationship between Pal-Kyung and Doncheon-Gugok (국가 지정 문화재 '명승'의 유형과 팔경(八景), 동천구곡(洞天九曲)과의 연관성)

  • Rho, Jae Hyun;Shin, Sang Sup
    • Korean Journal of Heritage: History & Science
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    • v.43 no.1
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    • pp.128-159
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    • 2010
  • In this study, the progress of domestic cultural properties designation, the changes and problems in classification were examined, and the relationship among Traditional Pal-kyung, Dongcheon-gukok, and Modern Pal-kyung were investigated targeting total of 68 cases of state-designated cultural properties of scenic sites in order to show that the traditional significance and value are being inherited today. The major results of this study are as follows. First, increase in scenic site designations with historical, cultural, and scenic characteristics can be viewed as an active intent to embrace the concepts such as cultural utilities, historical characteristics, literary value, and ideological backgrounds, which were specified as the basis for designation in the early Cultural Property Protection Law. Accordingly, it is very encouraging that the concept of cultural attractions such as traditional gardens and observatory points are regarded as an important standard for designation of scenic sites. Second, as for the classification of scenic sites per type, it was found that 'places with excellent natural scenery' were 44.16%(30 cases), followed by 'famous buildings or gardens and places with important legend' occupying 30.9%(21 cases), 'places with famous scenery' occupying 13.2%(9 cases), 'places with outstanding historical cultural and scenic value' that occupying 10.3%(7 cases), and 'animal and vegetation habitat with beautiful scenery' (1 case). Third, according to the current classification standards for scenic sites, there were only 7 cases which could be classified into Pal-kyungs(Famous 8 Sceneries) and 3 cases classified into Dongcheon(beautiful scenery surrounded by mountains and rivers), but there was no Gugok(beautiful valleys). Consequently, in terms of external appearance, the scenic sites among the total scenic sites that could be classified into Palkyung and Gugok were only 14.7%(10 cases). Fourth, the traditional scenic sites based on literal references and Internet analysis occupied 67.7%(46 cases), which were found to be scenic sites related to the traditional Pal-kyung among which 38 cases(55.9% of 46 cases) were included based on the scenery and 8 cases(11.8% of 46 cases) were included due to the scenery at the time. Fifth, there were 8(11.8%) scenic sites which were related to Dongcheon, and 4 cases(5.9%) related to Gugok. Also, it was found that total of 40(48.9%) scenic sites designated as modern scenic sites were playing the role of local scenic sites, and they were used as the tourism advertising contents. Sixth, it was identified that there were 62 cases(91.2%) of scenic sites in total related to traditional and modern Pal-kyung or Dongcheon-gugok, and unlike explicit classifications, most of the designated scenic sites were found to be deeply connected with the historical and cultural significance contained in the scenaries.

A Basic Study on The Management Plan of Traditional Gardens in Folk Houses as a Park (민가정원의 효율적 유지관리를 위한 공원화 방안에 대한 기초연구)

  • Yeom, Sung-Jin
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.33 no.3
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    • pp.50-57
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    • 2015
  • A traditional garden in Korea has diverse cultural, historical values, such as the then phases of the times, life phase, culture and art, etc. because it was developed on the basis of the harmony between nature and artificial structures. However, in reality, it's urgent to do efficient, continuous maintenance of traditional gardens which are being damaged and lost due to the problems like an owner's aging, inheritance, and lack of management, etc., especially in case of private property which was designated as a cultural property among such traditional gardens under the Cultural Properties Protection Law. Accordingly, this study conducted this research in a bid to use these research results as basic evidentiary materials for suggesting directivity in introduction of park planning of traditional gardens in folk houses in the near future by implementing the case investigation of transformation into public parks from traditional private gardens in Japan, which is putting the newly introduced park planning to efficient use, together with its systematic management, and the survey on domestic traditional gardens in folk houses status, as well as the hearing-based survey on a traditional gardens in folk houses owner's level of willingness to accept the introduction of parking planning. As a result, this study could confirm that in case of traditional gardens in Japan, they are mobilizing the revenue from admission fees for traditional gardens maintenance by incorporating the main entity of possession, and Japan is promoting transformation of traditional gardens into parks on the basis of use and preservation through the connection with local governments and research institutes. In addition, as a result of surveying domestic traditional gardens in folk houses, it was found that most of the garden owners had hardships in its management, and they were positive about systematic maintenance of gardens through park planning.

A Study on the Present Conditions of Conservation & Management of the Natural Monuments of Korea (국내(國內)의 천연기념물(天然記念物) 보존(保存) 관리(管理) 실태(實態))

  • Na, Moung-Ha;Lee, Jin-Hee;Lee, Jae-Keun
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.28 no.2
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    • pp.127-136
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    • 2010
  • This study is aimed at reviewed and analyzed in order to suggest the improved plans related to natural monuments. The summary of this study is as followings; First, Replacing the current term 'cultural properties', which denotes the meaning of 'goods', we need to devise an new categorization that separates such properties into cultural heritage and natural heritage under the national heritage framework. Second, the designation criteria for natural monuments should be divided into the individual realm for animals and plants respectively, since they are not divided in the current Act. Third, the guidelines for naming of natural monuments should be established with the following new categories in accordance with the clear standards. Fourth, such imbalances require us to give priority to the relatively neglected types and areas. Fifth, as the big and old trees account for more than a half of the designated plants, it is necessary to search out new resources(wet plant communities, seashores, sand dune plant communities, etc.) such as geological resources, mineral springs, hot springs, and fossils that are in danger of completely being exploited and exhausted. While most of the designated animals are protected nationally, the existing designation system is required to protect habitats and breeding places for the systematic and efficient conservation. Sixth, as long as we need to preserve those historical and cultural resources for the future generations from national and global perspectives, we should enhance their values by designating them as natural monuments even though they are protected by other regulations such as the natural environment area. Seventh, as a result of the survey, we found that more budgets and experts in the local governments, more empowered organizations, more active public participation should be provided for the better Natural Monument management in Korea. Eighth, the Lap of Natural Heritage in the National Research Institute of Cultural Heritage needs to be developed to the Natural Heritage Institute to conduct the diverse activities such as researches, restoration, exhibition and education programs in a systematic and efficient way. Ninth and the last, major damages to natural monuments can be generally categorized into the artificial one and natural one, respectively. The artificial damages include toxics, soil covering, excessive humidity, fire, construction and management works, unlawful damages, fishing, oil spillage, etc, and the natural ones include lightning, storms(typhoons), heavy snowfalls, damage by insects and diseases, lack of prey, etc. This study will become meaningful in that it proposes specific measures for the improvement of the institutions, designation, and management of natural monuments on the basis of the comprehensive analysis on natural monuments. We wish to leave the other subjects related with this study to the future researches.

A Study on the Management System of Show Cave for Sustainable Tourism (지속가능한 관광을 위한 동굴관광자원의 관리체계에 대한 연구)

  • Hong, Choong-Real;Kim, Won-Jin
    • Journal of the Speleological Society of Korea
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    • no.64
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    • pp.27-36
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    • 2004
  • Caves have the values of learning sites and tourism resources. But show caves are at risk of being ravaged, destroyed, and Polluted. The Purpose of this study is to analyse the management condition and the problems of the show caves, and to suggest the alternative improvement for the cave management. The research of the Cultual Properties Administration revealed many Problems including the management system, safety diagnosis, the demand for comprehensive academic research and so on. An analyzing of the questionnaire about cave manager demanded to reform working conditions, tourist education, an amendment of the Cultural Properties Protection Act, expert education for cave manager. In conclusion, It is necessary that construct the mutual cooperation system of an administrative organization, cave manager and tourist, and the Cave Management information System to manage database of cave environment.

A Comparative Study on the Characteristics of Cultural Heritage in China and Vietnam (중국과 베트남의 문화유산 특성 비교 연구)

  • Shin, Hyun-Sil;Jun, Da-Seul
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.40 no.2
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    • pp.34-43
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    • 2022
  • This study compared the characteristics of cultural heritage in China and Vietnam, which have developed in the relationship of mutual geopolitical and cultural influence in history, and the following conclusions were made. First, the definition of cultural heritage in China and Vietnam has similar meanings in both countries. In the case of cultural heritage classification, both countries introduced the legal concept of intangible cultural heritage through UNESCO, and have similarities in terms of intangible cultural heritage. Second, while China has separate laws for managing tangible and intangible cultural heritages, Vietnam integrally manages the two types of cultural heritages under a single law. Vietnam has a slower introduction of the concept of cultural heritage than China, but it shows high integration in terms of system. Third, cultural heritages in both China and Vietnam are graded, which is applied differently depending on the type of heritage. The designation method has a similarity in which the two countries have a vertical structure and pass through steps. By restoring the value of heritage and complementing integrity through such a step-by-step review, balanced development across the country is being sought through tourism to enjoy heritage and create economic effects. Fourth, it was confirmed that the cultural heritage management organization has a central government management agency in both countries, but in China, the authority of local governments is higher than that of Vietnam. In addition, unlike Vietnam, where tangible and intangible cultural heritage are managed by an integrated institution, China had a separate institution in charge of intangible cultural heritage. Fifth, China is establishing a conservation management policy focusing on sustainability that harmonizes the protection and utilization of heritage. Vietnam is making efforts to integrate the contents and spirit of the agreement into laws, programs, and projects related to cultural heritage, especially intangible heritage and economic and social as a whole. However, it is still dependent on the influence of international organizations. Sixth, China and Vietnam are now paying attention to intangible heritage recently introduced, breaking away from the cultural heritage protection policy centered on tangible heritage. In addition, they aim to unite the people through cultural heritage and achieve the nation's unified policy goals. The two countries need to use intangible heritage as an efficient means of preserving local communities or regions. A cultural heritage preservation network should be established for each subject that can integrate the components of intangible heritage into one unit to lay the foundation for the enjoyment of the people. This study has limitations as a research stage comparing the cultural heritage system and preservation management status in China and Vietnam, and the characteristic comparison of cultural heritage policies by type remains a future research task.