스위스의 문화재양도법(LTBC)- 주요내용과 국제사법적 함의를 중심으로 -

Switzerland enacted the Cultural Property Transfer Act (CPTA) in 2003 and the CPTA became in effect in 2005. The enactment of the CPTA is to implement the UNESCO Convention of 1970 which does not have a self-executing character in itself, and to prohibit cross-border transactions of stolen or illegally exported cultural property. The CPTA adopted the core of the UNIDROIT Convention of 1995 in part and the bilateral treaty mechanism between Switzerland and any Contracting Party of the UNESCO Convention to file a lawsuit for the return of illegally exported cultural property. The Swiss Model can be referred for Korean legislators to enact or modify the domestic legal system surrounding the return of stolen or illegally exported cultural property. There was an experience that the cultural property stolen or illegally exported and moved to Japan during the colonial period were returned through a bilateral treaty between Korea and Japan concluded in 1965. Korean government can consider, in the future as well, to conclude a bilateral treaty with China and/or Japan, in that there are many international transactions of cultural property between Korea and those neighboring countries. On the other hand, Korean legislators can adopt several principles promulgated in the UNIDROIT Convention in its national legal system without accession and ratification to the Convention, which is an attitude of Switzerland. For any improvement in its national legislation, it is important for Korean legislators to have a concrete intention to participate in the efforts of international society to prohibit illegal international trade of cultural property. Most of all, it is important to take into account the perspectives of private international law in the realm of international trade of cultural property, in the same manner as the other kinds of international trade.