헌법상 지방자치권과 전통 문화유산 보호의 상관 관계에 대한 법적 연구 ― 최근 대법원 판단(대판 2025. 11. 6. 2023추5160)의 헌법적 평가를 중심으로 ―

The recent controversy surrounding the redevelopment of the Sewoon District 4 area located in front of Jongmyo Shrine in Seoul illustrates a clear collision between two competing constitutional values. While Article 117 of the Constitution of the Republic of Korea guarantees local autonomy, Article 9 explicitly provides that “the State shall endeavor to succeed and develop traditional culture and to promote national culture,” thereby imposing an affirmative constitutional duty upon the State to protect cultural heritage. In the context of the Sewoon District 4 redevelopment, however, a tangible conflict has emerged between the exercise of local autonomy and the protection of World Heritage sites. The Seoul Metropolitan Government has pursued the construction of super-high-rise buildings as part of its initiative to modernize the aging urban core. In contrast, central government authorities, including the National Heritage Administration, have strongly opposed the project on the grounds that it may undermine the historical, visual, and cultural value of Jongmyo Shrine as a UNESCO World Cultural Heritage site. Furthermore, in 2025, the Supreme Court of Korea rendered a decision recognizing local autonomy in a case concerning the deletion of Article 19(5) of the Seoul Metropolitan Government’s Cultural Heritage Protection Ordinance by the Seoul Metropolitan Council, a ruling that has further intensified the ongoing debate. Against this backdrop, this study aims to examine the relationship between constitutionally guaranteed local autonomy and the constitutional principle of the cultural state, with a particular focus on the analysis and evaluation of the aforementioned Supreme Court decision. To ensure analytical rigor, the study begins with an overview of cultural heritage and the right to enjoy culture, followed by a systematic summary of the key issues addressed in the relevant case law. It then identifies the core implications of the UNESCO World Heritage Impact Assessment Guidelines. On this basis, the study undertakes a doctrinal analysis of the constitutional tensions arising from the Sewoon District 4 redevelopment, including conflicts among local autonomy, property rights, the right to enjoy culture, and the cultural state principle. Ultimately, the study seeks to propose a normative direction for the ongoing legislative amendment to the Enforcement Decree of the World Heritage Act currently under consideration by the National Heritage Administration.