국가유산 관련 범죄의 특성과 양형기준의 개선 방향

This study focuses on the absence of sentencing guidelines for crimes related to national heritage, despite the enactment of the "Framework Act on National Heritage" in 2023 and the enforcement of 16 laws concerning national heritage. By conducting a comprehensive analysis of the penalty provisions across these laws, the study identifies the types and characteristics of crimes related to national heritage, diagnoses the problems of the current sentencing framework, and proposes directions for improvement. The analysis reveals several distinct features: the combined use of crime-based and punishment-based structures, the individuality of criminal acts depending on the type of heritage, the detailed formulation of sentencing provisions by act, the presence of diverse stages of punishment levels, and the overlapping structure of penalty provisions. The findings further indicate that crimes against national heritage must be understood from various perspectives, including the type and value of heritage, as well as the manner and extent of its damage. The value of heritage serves as a critical criterion in sentencing, with a wide range of criminal acts and punishment levels defined according to the means and degree of damage to heritage value. Based on the clause-level analysis, the study identifies key deficiencies in the current sentencing guidelines: the absence of sentencing standards for many heritage-related crimes, the omission of guidelines for serious offenses, insufficient consideration of heritage type and value, and inadequate reflection of concrete elements of criminal acts. Consequently, the study argues for the establishment of independent sentencing guidelines for heritage-related crimes, supported by the need for fair sentencing within a fragmented legal system, the high level of public interest and social impact, the correction of unreasonable sentencing disparities across heritage types, and the incorporation of the unique characteristics of heritage value.