불법유출 문화유산에 대한 형사법적 보호

In the background of that the several countries in the world recognized the importance of their own cultural heritage and set the management and protection as one of the major challenges of the national policy, a variety of intents and purposes must be existed but generally, it means that the relative country entered the stable welfare-type economy structural phase to show culturism and to determine quality of life out of the incomplete survival-type structural. In addition, in the side of the relative country ensuring differentiated identity in the international community, the fact that the cultural heritage performs some roles and features over the symbolism was recognized. By the way, the protection policy of cultural heritage in our country is set to pursue the illegal outflow cultural heritage charge back of illegal outflow cultural heritage internationally, and the prevention and effective retention about damage stolen domestically by duality way, and the related issues are being examined and the measures for the realization are planned. But the legal systems which can respond effectively to the cultural property crime has been consisting as improvises depending on necessity, so it is incomplete and maintenance is not proper, and the charge back problem of overseas illegal outflow of cultural heritage that the conditions to participate in the exact situation and international coordination and cooperation are not prepared. Therefore, the causes and characteristics and usage of cultural property crime should be checked for being appropriate to the realistic request, and rushing to sign up related international norms, and the problems of domestic-related norms should be diagnosed objectively, so the unilateral regulatory should be enhanced and the appropriate response measures about the parts that improvements are necessary should be followed.