불법 문화재 주요 시장국가들의 1970년 협약 이행입법 분석과 우리의 정책 방향

The 1970 Convention was designed to prevent illicit cross-border transactions of cultural property and restitute and return them to the original owner if certain conditions were met. In order to make the Convention practicable, state parties were required to take necessary measures including implementing legislation. Accordingly, many state parties have since then complied with the requirements as prescribed by the Convention. It is necessary to review implementing laws and regulations of so-called market states that have active markets of illicit cultural properties whose provenances are so-called source states. Among the implementing laws of major market states, Japan’s legislation is the simplest one compared to those of other market states. United States’ implementing law recognizes archaeological objects that are only more than two hundred and fifty year old. Relevant Chinese law does not mention about recovery and return of illicitly imported cultural property from other state parties. The United Kingdom has not legislated any implementing laws concerned. Germany and Canada maintain similar attitudes to their comparable states mentioned above. As such, implementing laws of major market states do not properly reflect the spirit of the Convention. As a source state, the Republic of Korea has added only an implementing provision to the existing law but would be better to have independent legislation to properly reflect the spirit of the 1970 Convention. At the same time it must consider joining the 1995 UNIDROIT Convention, supplementing norms of the 1970 Convention. This is how for the ROK to effectively cope with dangers of theft, clandestine excavation, and illicit export of cultural properties as well as make restitution of them.