미술품 감정업자의 법적 의무 및 책임에 대한 고찰 - 미술진흥법과 감정평가법의 비교

Despite the public interest of art appraisers, the need to introduce an art appraisal system that can overcome the closeness and opacity of the art market and the criticism of the lack of objective appraisal standards has been steadily raised. However, the introduction of legal obligations and responsibilities for art appraisers were frequently stranded in the face of opposition from the art market, and art appraisal was a legal blind spot in terms of consumer protection, except for regulations under the Act on Appraisal and Certified Appraisers. Under these circumstances, the art appraisal business has been institutionalized with the enactment of the Art Promotion Act, and legal obligations for art appraisers are expressly specified in the Act. and art appraisers must fulfill certain obligations. However, the enactment of the Art Promotion Act requires the establishment of a clear relationship between “appraisal” under the Art Promotion Act and “appraisal” under the Act on Appraisal and Certified Appraisers. Accordingly, this article reviews the relationship between the Art Promotion Act and the Act on Appraisal and Certified Appraisers and general civil and criminal liabilites related to art appraisal. In addition, considering the effectiveness of the fulfillment of obligations imposed on art appraisers under the Art Promotion Act and the equity with the legal responsibilities borne by appraisers when they perform art appraisal under the Act on Appraisal and Certified Appraisers. this paper proposes the measures to guarantee liability for damages under the Art Promotion Act. At the same time, this paper proposes the necessity of activating the appraisal review procedure to enhance the objectivity and reliability of the appraisal. Through this, it can be expected to establish a fair trade and distribution order through the fulfillment of legal obligations imposed on art appraisers under the Art Promotion Act, and furthermore, to determine the scope of legal liabilities of art appraisers that can be caused by inaccurate or biased appraisal.