헌법상 문화국가원리의 실현과 문화재 보호 관련 법령의 법정책적 과제

Our Constitution adopts the principle of a cultural nation as a basic constitutional principle. A cultural nation refers to a nation in which freedom of cultural activities is guaranteed by the state and culture must be supplied by the state, that is, a nation in which culture must be protected, supported, and coordinated by the state. The Constitution stipulates in its preamble that “culture… Not only does it declare to “equalize opportunities for all people in all areas,” it also imposes an obligation on the state to make efforts to inherit and develop traditional culture and promote national culture. This principle of a cultural nation requires that the state respect the autonomy of the cultural field, maintain a neutral position in cultural policy, and ensure equal opportunity for citizens to participate in the cultural field. In addition, the state must implement active policies to protect and promote culture, and especially strive to inherit and develop traditional culture and promote national culture. Meanwhile, the cultural nation principle is realized through tasks or responsibilities related to the realization of a nation's cultural nation, and is closely and inextricably linked with the nation's cultural policy. The state must make the principle of impartiality, which does not show a tendency to favor or give preferential treatment to any cultural phenomenon, as the basic principle of cultural policy. Today, the focus of cultural policy in cultural countries should not be on culture itself, but on creating a cultural climate in which culture can arise, and this characteristic of the cultural state principle can be said to be connected to the mark of cultural openness or pluralism. Meanwhile, the main material for the succession and development of traditional culture granted to the country and the development of national culture can be said to be the succession and development of cultural heritage designated by the country as cultural assets. In accordance with this constitutional request, the state has an obligation to protect cultural properties, and to embody this obligation, laws related to the protection of cultural properties have been enacted and implemented. However, as laws governing the details of the type and classification of cultural properties were enacted and implemented, the laws related to the protection of cultural properties became vast and complex, reducing the efficiency of cultural property management, so the related laws were required to be reorganized, and the Framework Act on Cultural Properties Protection was enacted. A systematic overhaul of laws and regulations was requested, starting with . The Framework Act on National Heritage, enacted last March, can be said to be the beginning of the overhaul, but legislative systemization of related laws is being requested as a follow-up measure.