문화재보호를 위한 지정제도에 관한 법적 연구

The protection of cultural heritages has become one of the most important policies to enhance our historical or cultural values. In order to realize these policies, Cultural Heritage Protection Act enacted, various administrative powers are being exercised around this CHPC. This paper focuses on the designation system among various administrative powers for the protection of cultural property. In traditional administrative law, it is said that cultural heritages has legal nature as a public property. Based on this public property law, the administrative jurisprudence for the protection of cultural heritages were constructed around historical preservation. However, in modern society, cultural heritages should be viewed not only in preservation but also in a new paradigm called environment and cultural value. From this point of view, legal research on cultural heritages designation should be done. The designation for protection of cultural heritages acknowledges the very broad discretion of the administrative office. Therefore a legal system and a judicial system must be constituted to control such administrative discretion. The stricter procedural regulations should be introduced in the designation act. And a legal system should be prepared to respond appropriately to various administrative litigation around the designated act of cultural heritages.