• Title, Summary, Keyword: The Protection System of Cultural Property

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Cultural Property in the territory of the North Korea considered from 'the law of the Democratic People's Republic of Korea on Protection of Cultural Property' (「문화유물보호법」을 통해 본 북한의 문화유산)

  • JI, Byong-Mok
    • MUNHWAJAE Korean Journal of Cultural Heritage Studies
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    • v.36
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    • pp.39-67
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    • 2003
  • In this paper we examine cultural properties of the North Korea from 'the law of the Democratic People's Republic of Korea on Protection of Cultural Property". This law was adopted the Resolution of the Standing Committee of the Supreme People's Assembly of DPR of Korea in 1994. For our study, some other laws or rules established after the end of Japanese colonial occupation (1910-1945) in North Korea were examined. The policy on protection and conservation of cultural property in North Korea seems to have taken place a relatively rapid. The purpose of this law is to carry out the policy with a view to contributing to establishment of strict system and order for protection and management of cultural property, to their preservation in original state, to their proper inheritance and development, and to enhancement of national pride and confidence among the people. This law consists of 6 chapters (52 articles): (1) Fundamentals of the law on protection of cultural property, (2) Archaeological excavation and collection of cultural relics, (3) Evaluation and registration of cultural property, (4) Preservation and management of cultural property, (5) Restoration of cultural property, and (6) Guidance and control of cultural property protection. Nevertheless, it is difficult to find the evidence of efforts to exploit the cultural properties from an academic point of view in North Korea since the late 1980s.

The Protection System of Cultural Property and the Discourse of Tradition (문화재보호제도와 전통 담론)

  • Jung, Soo-jin
    • MUNHWAJAE Korean Journal of Cultural Heritage Studies
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    • v.47 no.3
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    • pp.172-187
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    • 2014
  • The purpose of this paper is to examine how the 'tradition' has been identified and used concretely on the protection system of cultural property. Firstly, this paper investigated the historical process and aspects that the 'cultural property' and the 'tradition' combined, each had different meaning at the beginning. And it investigated the linkage of them which effect to the protection system and to each other on the system operated. Then, it pointed out a rift within the discourse of tradition to which the system have held on, and the problems as its result. This paper applied the viewpoint of anti-essentialism that the tradition is presented with hegemonic act to raise the inevitable continuity with the past, instead of the common notion that the tradition is 'everything that is handed down from the past.' Because the cultural property is the product of the state system, to pursne the linkage of it and the tradition is identical to examine how the tradition have been officially defined in the national hegemony. Since the 1920s the tradition has defined as a fixed, essential, pure reality in the changing process of the protection system of cultural property. This essentialist viewpoint about the tradition have been continued as the institutional premise regardless of many critics, raised by studies focusing on the culture and cultural property. But we see now a rift on the discourse of tradition as the intellectual discourse has been supported to the system, that is caused by the fast-changing global economic environment and a rat race around the registration of intangible cultural heritage of UNESCO.

A Legislative Study on Cultural HeritageBetween 1945 and 1960 - Focused on the Cultural Heritage Protection Act Legislated in 1962 - (1945~1960년 문화재 관련 입법 과정 고찰 - 1962년 문화재보호법 전사(前史) 관련 -)

  • Kim, Jongsoo
    • MUNHWAJAE Korean Journal of Cultural Heritage Studies
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    • v.52 no.4
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    • pp.78-103
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    • 2019
  • The Conservation Decree of the Chosun Treasures Historic and Natural Monuments (hereinafter referred to as the Conservation Decree), which was enacted during the Japanese colonial period, was preserved in accordance with the provisions of article No. 100 of the constitutional law. However, legislative attempts were made to replace the Conservation Decree during the US military administration and early Korean Government. The first attempt was about the National Treasures Historic and Natural Monuments which were brought in by the Legislative Assembly of South Chosun (1947) during the US military administration. The second was a bill by the government for preservation of historical interests (1950), which was submitted to the National Assembly on March 15, 1950 (the so-called Preservation Act (1950)). These two bills were amended and supplemented on the basis of the existing contents of the Conservation Decree. Afterwards, from 1952 to 1960, the legislation of the Cultural Heritage Protection Act (1959) and the Cultural Heritage Bill (1960) were subsequently introduced and enacted. The government's attempt to enact such a cultural property bill was aimed at the legislature to replace the preservation order system that had been in effect since the Japanese colonial period. However, due to the political situation at the time, these laws did not reach final legislation. In October 1960, the government enacted the Regulations for the Preservation of Cultural Property, which was an administrative edict that was promulgated and enacted in November. This was the first official cultural property decree introduced by the Korean government. With the enactment and promulgation of the Cultural Heritage Protection Act in January 1962, Korea's judicial cultural property legislation was established, based on the Korean government's unremitting efforts and experience in legislation of cultural property. In that context, the Cultural Heritage Protection Act is a historical product. The Cultural Heritage Protection Act, which was enacted in 1962, is known to emulate or transplant Japan's Cultural Heritage Protection Act (1950). It was not fully recognized that it was an extension of the Korean government's legislative process of cultural property during the period of 1945-1960. Therefore, it is important to examine the legislative process of cultural property from 1945 to 1960 to understand the background of enacting the Cultural Heritage Protection Act in 1962 along with the establishment of the Korean Cultural Property Law.

Establishment of Old Imperial Estate and Cultural Property Management System -Focused on Inclusion of Imperial Estate as Cultural Property- (구황실재산 관리 제도에 대한 연구 -구황실재산의 문화재관리체계 편입 관련-)

  • Kim, Jongsoo
    • MUNHWAJAE Korean Journal of Cultural Heritage Studies
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    • v.53 no.1
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    • pp.64-87
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    • 2020
  • The cultural property management system of Korea was established based on the modern cultural assets acts and the old imperial estate management system enacted during the Japanese occupation. Academics have researched the cultural property management system oriented on the modern cultural assets acts, but few studies have been conducted into the old imperial estate management system, which is another axis of the cultural property management system. The old imperial estate was separated from the feudal capital by the Kabo Reform, but was dismantled during the colonial invasion of Japan and managed as a hereditary property of the colonial royal family during the Japanese colonial period. After establishment of the government, the Imperial Estate Act was enacted in 1954 and defined the estate as a historical cultural property managed by the Imperial Estate Administration Office. At this time, imperial estate property that was designated as permanent preservation property was officially recognized as constituting state-owned cultural assets and public goods in accordance with Article 2 of the Act's supplementary provisions during 1963, when the first amendment to the Cultural Property Protection act was implemented. In conclusion, Korea's cultural property formation and cultural property management system were integrated into one unit from two different sources: modern cultural assets acts and the old imperial estate property management system. If the change of modern cultural assets acts was the process of regulating and managing cultural property by transplanting and applying regulations from Japan to colonial Joseon, the management of the imperial estate was a process by which the Japanese colonized the Korean Empire and disposed of the imperial estate. Independence and the establishment of the government of the Republic of Korea provided the opportunity to combine these two different streams into one. Finally, this integration was completed with the establishment of the Protection of Cultural Properties Act in 1962.

A Study of the Suppression System based on the Fire Protection System the Korea Cultural Property due to the Forest Fire -About Water Mist System- (산림화재로부터 문화재를 보호하는 소방시설에 관한 연구 -미분무수설비를 중심으로-)

  • Kong, Ha-Sung
    • Fire Science and Engineering
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    • v.21 no.4
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    • pp.44-51
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    • 2007
  • Most of the Korea temples of cultural property are wooden buildings and easy combusted. They are often located in mountain area far away from the city. It is very difficult to approach the fight area. The putting out is very difficult in the initial fire time. And for protecting the cultural property in the long-term continuous fire source there are some restrictions in water source and suppression system. In this paper the initial putting out fire due to the forest fire and the protection of cultural property in the long-term continuous fire source were researched. The improved project about fire control facilities of the Korea cultural property was proposed. In the proposed project the facilities using Water mist which can reduce more loss than existing facilities using water are applied. In view of the topographic position the method of eliminating the energy of combustibles and wall for cutting off the heat in the fire control facilities are also mentioned.

A Study for Improving Direction of Legal Regime and Policy for Protecting our Underwater Cultural Heritages (수중문화유산 보호를 위한 법제도 정비 및 효율적 관리방안)

  • Park, Seong-Wook
    • Ocean and Polar Research
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    • v.27 no.2
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    • pp.171-179
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    • 2005
  • Korea has many underwater cultural heritages within the east, west and south seas surrounding the Peninsula that indicate historically important sealanes for trade and transportation. As these underwater cultural heritages are the objects of despoilment because of their relatively easy access through modern technology, their often high historical and priceless value demands strong protection similar to or better than the land cultural properties. Currently, Korea does not have any concrete laws or regulations for the protection of underwater cultural heritages. Thus, these heritages iu, somewhat temporary and inappropriately subjected to laws and regulations relating to provisions of individual Laws concerning protection of cultural properties act, and statute of excavation of material fir buried national property, lost articles act etc.. Internationally, the UNESCO Convention on the Protection of the Underwater Cultural Heritage was adopted but not yet entered into force. Therefore, the protection of underwater cultural heritage has become an urgent matter. In this regard, this article's main purpose is to provide recommendations for improving direction of legal regime and policy for protecting our underwater cultural heritages. These legal regimes need provisions for definition of the underwater cultural heritage, scope of application, ownerships, jurisdictions and protection measures. And suggestions are provided in regard to policies for the protection of underwater cultural heritages that may improve organization and cooperation among concerned ministries and agencies, compensation system, restrictions for excavation of underwater relics, efficiency of survey of underwater surface and information system.

An Examination into the Illegal Trade of Cultural Properties (문화재(文化財)의 국제적 불법 거래(不法 去來)에 관한 고찰)

  • Cho, Boo-Keun
    • MUNHWAJAE Korean Journal of Cultural Heritage Studies
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    • v.37
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    • pp.371-405
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    • 2004
  • International circulation of cultural assets involves numerous countries thereby making an approach based on international law essential to resolving this problem. Since the end of the $2^{nd}$ World War, as the value of cultural assets evolved from material value to moral and ethical values, with emphasis on establishing national identities, newly independent nations and former colonial states took issue with ownership of cultural assets which led to the need for international cooperation and statutory provisions for the return of cultural assets. UNESCO's 1954 "Convention for the Protection of Cultural Property in the Event of Armed Conflict" as preparatory measures for the protection of cultural assets, the 1970 "Convention on the Means of Prohibiting and Preventing the Illicit Import and Transfer of Ownership of Cultural Property" to regulate transfer of cultural assets, and the 1995 "Unidroit Convention on Stolen or Illegally Exported Cultural Objects" which required the return of illegally acquired cultural property are examples of international agreements established on illegal transfers of cultural assets. In addition, the UN agency UNESCO established the Division of Cultural Heritage to oversee cultural assets related matters, and the UN since its 1973 resolution 3187, has continued to demonstrate interest in protection of cultural assets. The resolution 3187 affirms the return of cultural assets to the country of origin, advises on preventing illegal transfers of works of art and cultural assets, advises cataloguing cultural assets within the respective countries and, conclusively, recommends becoming a member of UNESCO, composing a forum for international cooperation. Differences in defining cultural assets pose a limitation on international agreements. While the 1954 Convention states that cultural assets are not limited to movable property and includes immovable property, the 1970 Convention's objective of 'Prohibiting and preventing the illicit import, export and transfer of ownership of cultural property' effectively limits the subject to tangible movable cultural property. The 1995 Convention also has tangible movable cultural property as its subject. On this point, the two conventions demonstrate distinction from the 1954 Convention and the 1972 Convention that focuses on immovable cultural property and natural property. The disparity in defining cultural property is due to the object and purpose of the convention and does not reflect an inherent divergence. In the case of Korea, beginning with the 1866 French invasion, 36 years of Japanese colonial rule, military rule and period of economic development caused outflow of numerous cultural assets to foreign countries. Of course, it is neither possible nor necessary to have all of these cultural properties returned, but among those that have significant value in establishing cultural and historical identity or those that have been taken symbolically as a demonstration of occupational rule can cause issues in their return. In these cases, the 1954 Convention and the ratification of the first legislation must be actively considered. In the return of cultural property, if the illicit acquisition is the core issue, it is a simple matter of following the international accords, while if it rises to the level of diplomatic discussions, it will become a political issue. In that case, the country requesting the return must convince the counterpart country. Realizing a response to the earnest need for preventing illicit trading of cultural assets will require extensive national and civic societal efforts in the East Asian area to overcome its current deficiencies. The most effective way to prevent illicit trading of cultural property is rapid circulation of information between Interpol member countries, which will require development of an internet based communication system as well as more effective deployment of legislation to prevent trading of illicitly acquired cultural property, subscription to international conventions and cataloguing collections.

A Study on the Improvement Direction of Natural Heritage in the Cultural Heritage Protection Act - Focused on the Landscape Architecture Field in Cultural Heritage - (문화재보호법에서 자연유산 분야의 개선 방향에 관한 연구 - 문화재 조경분야를 중심으로 -)

  • Chin, Sang-Chul
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.37 no.3
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    • pp.127-133
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    • 2019
  • This study intends to discuss the system improvement of landscape architecture field in the cultural heritage protection system, which is changing continuously. The results are as follows. First, the status of landscape architecture in cultural heritage, including natural monuments and scenic sites, must be defined. If possible, careful consideration should be given to establish the natural monuments law and scenic sites law, respectively, related to landscape architecture. Second, natural heritage must be preserved by focusing on "space" to include cultural artifacts and landscapes that may be missing through the method of "object" focused protection. Institutionally, the scope of work should be clearly shared by reviewing the redundancy and interrelationship of related laws. Third, in order to protect and manage natural heritage, a department that is wholly responsible for landscape architecture should be established independently at the Cultural Heritage Administration. Fourth, the landscape architecture field should be specified as the requirements for the commissioner of commission at the Cultural Heritage Protection Act. In addition, it is necessary to improve the system such as expending the roles of the repairing technician for landscape architecture and plants in the Cultural Heritage Protection Act.

Review on the Implementation Process and Achievement of ICH Safeguarding System (무형문화재 보호제도의 이행과정과 그 성과에 관한 검토)

  • Lee, Jae Phil
    • MUNHWAJAE Korean Journal of Cultural Heritage Studies
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    • v.44 no.4
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    • pp.18-41
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    • 2011
  • The Safeguarding of Intangible Cultural Heritage in Korea has begun since1962 when the Cultural Properties Protection Act was established. Korean ICH Safeguarding system is initially derived from Cultural Properties Protection Act in Japan. Japan has started Important ICH Designation System in 1954 to concede the skills and artistic talents holders, thus it could implement the multilateral system management for adopting different ICH protection systems such as Important Intangible Folklore Properties, Selection and Preservation Techniques, and Documenting Records. However, Korea has solely adopted Important ICH Designation System since Cultural Properties Protection Act was introduced. Korean ICH Safeguarding System represented by the Certification System of ICH Skill Holders is to ensure skills and artistic holders who perform the elements of Intangible Cultural Heritage, and manage the safeguarding of intangible cultural heritage in order to let the skills and artistic holders instruct inheritors. As a result, it could build up the internal foundation for the diffusion of inheritors and established the related organizations. However, the inheritor-centered protection system has caused many problems as it is being lasted for more than fifty years. Fragmented designation measures, the cultural power of skill holders, and the research and evaluation methods have pointed out the difficulties of safeguarding and preservation measures of ICH. Moreover,the legitimacy of safeguarding system related in the authenticity of transmission in ICH has emerged to review the safeguarding system of ICH with diverse viewpoints. Therefore, this paper will review the implementation process and achievement of ICH safeguarding system to examine the problem and causes of the safeguarding system. The conference records of Cultural Property Association and articles of cultural properties policies directors, Cultural Property Association members, and professional experts are being used for the initial materials of this paper, and it is examined for the contents of designation system of Important Cultural Heritage, rather than overall cases. Thus such problems the limitation of expansion in ICH lists as inheritor-centered designation system, hierarchical and exclusive transmission system, inappropriate concept of archetype as the principle of ICH transmission are derived from the root of Important ICH designation system. Thus this paper demonstrates that this system must be revised for the expansion of ICH safeguarding system in Korea and points out multilateral protection system should be established as well as Certification System of Important ICH skill holders.

Development for the Water Mist Package Having a Low Pressure Nozzles on Wooden Cultural Properties and Temples (중저압 노즐을 이용한 사찰 및 목조 문화재용 미분무 패키지 소화설비 개발)

  • Kim, Tae-Hwan;Myeong, Sang-Yeong
    • Fire Science and Engineering
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    • v.24 no.4
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    • pp.62-68
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    • 2010
  • The present study purposed to develop the water mist package system for the cultural properties fire prevention and fire suppression system through analyzing fire protection system and cultural property's characteristic, and to suggest directions for the development of cultural property fire prevention system in the future. Maximum safety with minimum damage has issued a main objective in fire protection of the cultural property in Korea. Two types of the water mist nozzles having a low pressure had been developed by KEI. The one is for inside using in wooden cultural properties, the flow rate is 30~35 l/min and the discharging pressure is 13~14 bar. The other one is for out-side of wooden properties, the flow rate is 25~30 l/min and the discharging pressure is 14~15 bar. To evaluate the nozzles performance test, we made the fire scenario and full-scale model of wooden cultural properties for fire test. The size of full-scale model was 4.9 m length, 4 m wide, 6.6 m height, all was made by wooden. This real fire test results showed that the low pressure water mist nozzles having a $200{\mu}m$ dour size were very effectively fire extinguishing and suppression on wooden cultural properties fire. Even though the oil fuel fire was not extinguished, the fire suppression effects for the during mobilization of fire brigade was enough.