매장문화재 발굴 관련 손실보상 개선방안

Abstract

Where relics are revealed in the course of an indicator survey conducted under conditions for permission for development projects or construction works investigation and excavation shall be conducted. During the excavation, all buried cultural assets discovered are attributed to the state, and the land use regulations make it virtually impossible to exercise property rights. Except for small-scale excavation, most excavation sites shall be borne by the development project implementer, and shall bear the increased cost of the project due to delays in construction. Since restrictions on property rights are enforced without just compensation, many construction sites choose illegal ways to damage burial cultural assets or conceal relics without reporting them to the Cultural Heritage Administration or local governments. When the Cultural Heritage Protection Act was enacted in 1962, the Korean Cultural Heritage Protection Act was enacted without compensation regulations for the discovery of burial cultural assets. This can be seen as a result of reflecting the poor financial situation of the country at the time, the legislature's political strife and indifference, and difficulty in raising funds. Restrictions on property rights related to the excavation of burial cultural assets and consequent loss compensation have been neglected due to economic logic or urgent issues, but the country's economic size and the compensation rules for losses should be supplemented to match South Korea's economic size and national status. In this study, the current status of the excavation of cultural assets and problems were presented and the improvement plan for compensation for losses was proposed to find a win-win relationship between cultural heritage protection and development projects. In addition, a reasonable policy, legal, and institutional improvement plan was proposed, including the excavation of burial cultural assets and the request for legitimate compensation and improvement.