문화재 재난 방지 및 관리 법제의 법정책학적 고찰

The aim of this paper is to analyze and improve our legal system for the disaster control system for cultural properties. Our cultural properties (especially historic architecture) have to be protected more heavily, but the legal system to prevent and prepare for disaster (especially fire protection) is not enough. Accordingly in this study I will point out about the cultural properties' risk of disaster, and studied mainly on the legal systems as one of the measures to preserve safely the cultural properties from disasters. As a result, my purpose of this study is to propose the legal improvement of the disaster control system for cultural properties. The contents of this paper are as followings: First, I analysed the government's obligation in the fire protection of historic architecture from the article 9 of Korean Constitution. Second, I reviewed the laws related to the disaster control system for cultural properties including the fire protection of historic architecture and legislative bills proposed recently. And I propose some suggestions for the complement of the related laws and bills. Third, I examined comparative legal system from Japan and China and suggested a new enforcement ordinance about legal improvement of the disaster control system for cultural properties.