문화재보존과 관련한 재산권 제한과 손실보상의 문제에 대한 검토

The purpose of this article is to offer an analysis of the Cultural Properties Protection Law that is dealing with loss compensation and restriction of property rights. Surprisingly, the protection of cultural properties is often noted but rarely studied in detail. And our legal system about protection of cultural properties is relatively young. Revealing problems of our present Cultural Properties Protection Law is various. The range of loss compensation in our law is so limited that in many cases people deliberately break the law to avoid their pecuniary loss. And on the other side, the regulations dealing with protection of cultural properties are too vague for us to provide suitable protection of cultural properties. So the objectives of this research is to analyze important legal issues about mentioned area and to examine desirable legal system for protection of not only cultural properties but also personal property rights. Therefore, proper legal system should be prepared to deal with these problems. At first, our legal concerning cultural protection should be specified a little more for people to estimate their loss and gain. Secondly, the range of loss compensation should be expanded more than present system for people who sacrifice their own properties to protect cultural properties. Results of this article leave more to be investigated and answered, but it is certain that our present legal system is insufficient for suitable protection. So I propose some alternative ideas and hope that this article will serve as a platform for further studies.