무력 충돌시 문화재 보호

• 영문명: The Protection of Cultural Property in the Event of Armed Conflict: With Special Reference to the 1954 Hague Convention
• 발행기관: 중앙대학교 법학연구원
• 저자명: 李成德(Yi, Seong-Deog)
• 간행물 정보: 『법학논문집』法學論文集 第33輯 第2號, 211~243쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.12.31

영문 초록

We have witnessed the destruction and pillage of cultural property in the event of armed conflict through the history. In the Second World War, the Nazi had wantonly destroyed many great cultural properties of mankind. In view of this bad practice, the international community tried to make international norms to protect cultural properties in the event of armed conflict. The 1954 Hague Convention is the first universal international treaty which intends to safeguard cultural properties in the event of armed conflicts. The 1954 Hague Convention system is composed of the 1954 Hague Convention, Regulations implementing the Convention, 1954 Protocol and 1999 Protocol. This Convention system introduced the safeguard and respect obligation of cultural property which secures immunity from armed attack in certain cases. The Hague Convention also introduced the special protection system to ensure safer protection of cultural property of very great importance. The 1999 Protocol introduced the enhanced protection system which provides stronger protection to certain cultural property than that of the special protection system. Korea has acceded to neither the Convention nor the Protocols. In view of imperative to protect cultural properties both in the peace time and in the event of armed conflict, it is recommended to accede to the Convention and Protocols. However, before we decide to accede to them, we have to consider whether the accession to them makes any conflict of obligations incumbent on us. Up to now, the Korean operation control in time of armed conflict is reserved with the US army. And also the USA acceded to the 1954 Hague Convention only. Given the situation if Korea accede to them but the USA not, we may imagine the Korean army may encounter military order which is not consistent with, for example, some provisions in 1999 Protocol, then the Korean army faces conflict of obligations between the international obligations based on the Protocols and obligations flowing from operational control of the US army. In this regard, we have to be careful to accede to the Protocols.

목차

Ⅰ. 서 론

Ⅱ. 1954년 헤이그협약의 구성 및 연혁

Ⅲ. 전시(무력충돌시) 문화재 보호와 관련된 기타 국제인도법 규범

Ⅳ. 1954년 헤이그협약의 주요 내용

Ⅴ. 1954년 헤이그협약 및 의정서 Ⅰ, Ⅱ 가입 시 발생하는 국내적 문제

Ⅵ. 결 론

참고문헌

Abstract

키워드

1954년 헤이그협약(1954 Hague Convention) 문화재(Cultural Property) 무력충돌(Armed Conflict) 군사적 필요성(Military Necessity) 국제인도법(International Humanitarian Law)