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2026 각주 국가유산관련법령
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2026 각주 국가유산관련법령

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  • 법률저널
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  • 2025-09-10 출간
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  • 898페이지
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  • 190 X 260 X 35 mm
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  • ISBN 9791173840579
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chap.Ⅰ 국가유산관련 기본이론 1
1. 문화국가의 원리 ····································· 3
2. 문화개념의 다양성 ···································· 3
3. 문화개념의 일반적 접근방법 ································ 3
4. 문화의 종류 ········································ 3
5. 문화의 특성 ········································ 3
6. 유물, 유구, 유적의 구별 ·································· 4
7. 국가유산의 의의 ····································· 4
8. 국가유산 보호 제도 ···································· 4
9. 문화유산의 법적 성격 ··································· 5
10. 문화유산 보호의 기본원칙 및 보존방식 ························· 5
11. 법령의 종류 및 조약의 효력 ······························· 6
12. 기간의 계산방법 ····································· 7
13. 벌칙 ··········································· 8
14. 형벌 ··········································· 8
15. 조문의 해석방법 ····································· 9
16. ‘국가유산관련법령’이란 ································· 9
15. 지방자치단체 ······································ 10


chap.Ⅱ 국가유산기본법 11
제1장 총칙 ·········································· 13
제2장 국가유산 보호 기반 조성 ····························· 14
제3장 국가유산 보존ㆍ관리 ································· 15
제4장 국가유산 활용ㆍ진흥 ································· 17
제5장 국가유산 세계화 ··································· 18
제6장 보칙 ·········································· 20


chap.Ⅲ 문화유산의 보존 및 활용에 관한 법률(약칭: 문화유산법)(문화유산위원회규정 포함) 23
제1장 총칙 ·········································· 25
【국가유산(문화유산,자연유산,무형유산)의 지정】 ·························· 29
【비지정 국가유산의 종류】 ···································· 29
【보호구역, 역사문화환경 및 역사문화환경 보존지역의 비교】···················· 30

제2장 문화유산 보호 정책의 수립 및 추진 ························ 31
【문화유산 기본계획과 시행계획의 비교】 ····························· 33
【국가유산관련법령에서 의견청취의 필수여부】··························· 34
【문화유산위원회 등의 조직체계】 ································ 38
【문화유산위원회 위원과 전문위원의 비교】····························· 38
【문화유산위원회 관련 각 위원회의 비교】····························· 39
문화유산위원회규정(대통령령) ······························· 40
【제척, 기피, 회피, 해촉】····································· 45

제3장 문화유산 보호의 기반 조성 ······························ 47
【기초조사(§10), 정기조사(§44)의 비교】 ····························· 48
【역사문화환경 보존지역에서 건설행위 절차】 ·························· 52
【역사문화환경 보존지역 지정과 ‘약식영향진단’ 및 ‘행위기준 고시’ 절차】············· 52
【화재등 방지 시책 수립, 교육/훈련ㆍ조치ㆍ홍보 실시】 ····················· 60
【지정·등록 문화유산의 화재등 대응매뉴얼·방지시설·금연구역 지정 등의 의무사항 비교】 ······ 60
【화재, 재난 및 도난 대응매뉴얼 및 금연구역 지정대상 비교】 ··················· 61
【문화유산 전문인력의 장학금관련 제출서류】···························· 65
【장학금 관련 각종 사유의 비교】·································· 65
【유네스코 등재유산(세계유산, 무형문화유산 및 세계기록유산)】·················· 66
【한국의 유네스코 등재유산 현황(2024. 8. 6.기준)】 ······················ 67

제3장의2 문화유산지능정보화 기반 구축 ························· 77
【문화유산지능정보화 기반 구축】·································· 81

제3장의3 문화유산디지털콘텐츠의 보급 활성화 ······················· 82

제4장 국가지정문화유산 ·································· 87
제1절 지정 ·········································· 87
【국가지정문화유산 지정절차】 ··································· 89
【지정과 임시지정의 비교】 ···································· 98

제2절 보존·관리 및 활용 ··································· 99
【문화유산 기본계획과 문화유산별 종합정비계획의 비교】···················· 101
【신고, 허가, 인가, 승인의 비교】································· 101
【허가사항(제35조)】 ······································· 106
【국가지정문화유산 등의 국외반출과 수출의 비교】 ························ 111
【국가지정문화유산과 역사문화환경 보존지역의 신고사항 비교】 ················· 113
【각종 신고 절차】 ········································ 113
【행정명령】 ·········································· 115
【기초조사(§10), 정기조사(§44) 및 직권조사(§45)의 비교】 ··················· 118

제3절 공개 및 관람료 ··································· 120
【국가지정문화유산의 공개제한 및 해제】 ····························· 121
제4절 보조금 및 경비 지원 ······························· 124

제5장 국가등록문화유산 ································· 125

제6장 일반동산문화유산 ································· 127
【일반동산문화유산 해당기준 요약(시행령 별표3 요약)】······················ 130
【국가지정문화유산 등의 국외반출과 수출의 비교】 ························ 133
【일반동산문화유산의 국외반출의 특칙】 ···························· 133
【동산의 감정 및 일반동산문화유산의 반출절차】 ························· 135
【각종 전문가의 범위비교】··································· 136
【매장유산법상 발견신고된 매장유산, 매장물ㆍ유실물의 처리절차】 ··············· 139

제7장 국유문화유산에 관한 특례 ····························· 141

제8장 국외소재문화유산 ································· 143
【국가유산진흥원(舊 한국문화재재단)과 국외(소재)문화유산재단의 비교】 ············ 145

제9장 시·도지정문화유산 및 시ㆍ도등록문화유산 ··················· 147

제10장 문화유산매매업 등 ······························· 153
【문화유산매매업자의 신고 및 검인 절차】 ··························· 158

제10장의2 문화유산의 상시적 예방관리 ·························· 161
【지역문화유산돌봄센터의 평가절차】 【지역문화유산돌봄센터 종사자 전문교육】········· 165
【중앙문화유산돌봄센터 및 지역문화유산돌봄센터】························ 166

제11장 보칙 ······································· 167

제12장 벌칙 ······································· 175
【행정형벌】············································ 179


chap.Ⅳ 자연유산의 보존 및 활용에 관한 법률(약칭: 자연유산법) 183
제1장 총칙 ········································ 185

제2장 자연유산 보호 정책의 수립 및 추진 ························ 187
【자연유산 보호계획과 시행계획의 비교】 ····························· 189
【역사문화환경 보존지역 지정과 ‘약식영향진단’ 및 ‘행위기준 고시’ 절차】 ············· 198

제3장 자연유산의 지정 및 관리 ····························· 199

제1절 천연기념물ㆍ명승 등의 지정 ···························· 199

제2절 허가 및 신고 등 ··································· 208
【국가지정문화유산 등의 국외반출과 수출의 비교】 ························ 213

제3절 천연기념물 및 명승의 관리 ···························· 223
【천연기념물 동물의 치료】··································· 231

제4절 시ㆍ도자연유산 및 자연유산자료의 지정 및 관리 ················ 237

제4장 자연유산의 보존ㆍ관리 및 활용 ··························· 241

제5장 보칙 ········································ 248

제6장 벌칙 ········································ 250
【행정형벌】············································ 251


chap.Ⅴ 국가유산수리 등에 관한 법률(약칭: 국가유산수리법) 253
제1장 총칙 ········································ 255
【도급과 하도급】 ········································ 257
【‘문화유산기본계획’과 ‘국가유산수리등에 관한 기본계획’의 비교】 ················ 259
【위원의 제척, 기피, 회피, 해촉】································· 262
【국가유산수리기술위원회 관련 각 위원회의 비교】························ 264
【국가유산수리기술위원회의 위원과 전문위원의 비교】······················· 264
【‘국가유산수리기술위원회’와 ‘시ㆍ도국가유산수리기술위원회’의 비교】·············· 265
【국가유산수리 및 실측설계의 주체(제5조, 제5조의2)】 ····················· 270

제2장 국가유산수리기술자 및 국가유산수리기능자 ····················· 275

제3장 국가유산수리업등의 운영 ····························· 285

제1절 국가유산수리업등의 등록 ······························ 285
【국가유산수리업과 다른 업 또는 다른 단체의 인허가 비교】··················· 289
【신고, 허가, 인가, 승인의 비교】································· 289
【문화유산정보체계와 국가유산수리종합정보시스템】························ 293
【결격사유의 비교】········································ 300

제2절 도급 및 하도급 ··································· 301
【하수급인의 하자에 따른 발주자의 조치】 ··························· 305
【공사대금의 종류】········································ 308
【원칙 : 수급인의 하도급대금 지급(제28조)】 ·························· 308
【예외 : 발주자의 하도급대금 지급(제29조)】 ·························· 308

제3절 국가유산수리 ····································· 309
【국가유산수리기술자의 현장 배치기준】······························ 311
【국가유산수리기술자 1인 1현장 배치의 예외】························· 311
【보존과학기술자의 현장 배치기준】································ 312
【보존과학기술자 1인 1현장 배치의 예외】··························· 312
【국가유산수리의 설계승인 및 현황보고 등】 ·························· 316
【국가유산수리의 종류별 하자담보책임 기간】·························· 323
【국가유산수리 보고서의 제출】 ································· 323

제3절의2 동산문화유산 보존처리 ··························· 324
【보존처리계획의 수립 및 승인】································· 327
【보존처리의 수행】········································ 327

제4절 감리 ········································· 328
【일반감리(비상주·상주) 및 책임감리의 비교】 ·························· 330
【비상주문화유산감리원, 상주문화유산관리원 및 책임감리원의 업무비교】 ············· 331
【책임감리를 하는 국가유산감리원의 경력요건】 ························· 333
【감리 보고서의 제출】 ······································ 336
【국가유산수리 보고서와 감리 보고서의 제출비교】 ························ 336
【하수급인, 국가유산수리기술자 및 국가유산감리원의 하자시 발주자의 조치】 ·········· 338

제4장 전통건축수리기술진흥재단 등 ··························· 339
【전통건축수리기술진흥재단의 국가유산수리 및 감리】······················· 339
【국가유산관련법령상 각종 법인의 비교】···························· 342

제5장 감독 ········································ 343
【각종 자격 및 등록의 정지ㆍ취소사유 및 절차】························· 354

제6장 보칙 ········································ 357
【국가유산수리업자의 평가】···································· 362
【국가유산수리 능력의 평가 및 국가유산수리업자의 평가 비교】·················· 363

제7장 벌칙 ········································ 366


chap.Ⅵ 매장유산 보호 및 조사에 관한 법률(약칭: 매장유산법) 369
제1장 총칙 ········································ 371

제2장 매장유산 지표조사 ································· 375
【국가 등에 의한 매장유산 지표조사 등의 절차】························· 377

제3장 매장유산의 발굴 및 조사 ····························· 379
【매장유산 유존지역의 발굴】 ·································· 381
【매장유산 유존지역의 매장유산 발굴허가 등】·························· 387
【매장유산 발굴 후】 【중요출토자료의 출토 후】························ 390
【발굴된 매장유산의 보존조치】 〚2019기출〛························· 391

제4장 발견신고된 매장유산의 처리 등 ··························· 397
【발견신고된 매장유산, 매장물ㆍ유실물의 처리절차】 ······················ 400
【매장유산 발견에 따른 보상금과 발굴에 따른 포상금의 비교】·················· 402
【매장유산 발굴에 따른 포상금 예제】······························· 403
【제18조, 제19조, 제22조의 공고 비교】····························· 404

제5장 매장유산 조사기관 ································· 405
【조사기관의 조사요원별 자격기준 및 등록기준 정리】······················· 411

제6장 보칙 ········································ 416
제7장 벌칙 ········································ 416


chap.Ⅶ 고도 보존 및 육성에 관한 특별법(약칭: 고도육성법) 423
제1장 총칙 ········································ 425
【중앙심의위원회에서 위원과 전문위원의 해촉사유 비교】···················· 429
【고도보존육성중앙심의위원회와 고도보존육성지역심의위원회의 비교】··············· 431
【국가유산관련법령 전반의 결격사유 비교】··························· 432

제2장 고도의 지정 등 ·································· 433
【타당성조사와 기초조사의 비교】································ 434
【고도의 지정】 ········································· 435
【고도보존육성기본계획과 고도보존육성시행계획의 비교】 ····················· 438
【지구의 지정 절차】······································· 441
【특별보존지구와 보존육성지구의 비교】······························ 446
【각종 조사, 계획, 고도 및 지구의 지정절차 등】 ························ 451
【각종 조사, 계획, 고도 및 지구의 지정절차 등 비교】 ······················ 452

제3장 보존육성사업 등 ··································· 455
【사업시행자의 보존육성사업 및 주민지원사업 등】························ 460

제4장 보칙 ········································ 461
【국가유산관련법령에서 청문대상의 비교】 ··························· 463

제5장 벌칙 ········································ 465


chap.Ⅷ 문화유산과 자연환경자산에 관한 국민신탁법(약칭: 문화유산신탁법) 467
제1장 총칙 ········································ 469
【문화유산 및 자연환경자산】·································· 470

제2장 국민신탁법인의 설립 등 ····························· 471
【기본계획과 시행계획의 비교】································· 474
【‘보전ㆍ관리계획’과 ‘문화유산 및 자연환경자산 조사’】······················ 476

제3장 국민신탁법인의 재산 등 ······························· 477
【재산현황의 공개 등】······································ 477
【국민신탁법인의 회계관련 제출서류】······························· 479

제4장 국민신탁법인의 기관 등 ····························· 481
【국가유산관련법령상 각종 사단법인의 비교】·························· 483

제5장 보전협약 ······································· 484

제6장 국민신탁단체 ···································· 485

제7장 보칙 ········································ 588
【행정계획 등의 협의】······································ 589

제8장 벌칙 ········································ 590


chap.Ⅸ 무형유산의 보전 및 진흥에 관한 법률(약칭 : 무형유산법) 491
제1장 총칙 ········································ 463
【무형유산의 종류】········································ 495
【법령상 주체의 비교】······································ 495

제2장 무형유산 정책의 수립 및 추진 ·························· 497
【무형유산 기본계획과 시행계획, 조사계획의 비교】 ······················· 499
【무형유산위원회의 조직체계】·································· 503
【무형유산위원회 관련 각 위원회의 비교】····························· 503
【무형유산위원회 위원과 전문위원의 비교】··························· 503
【제척, 기피, 회피, 해촉】····································· 505
【무형유산위원회 심의사항】···································· 506

제3장 국가무형유산의 지정 등 ······························· 507
【국가무형유산 지정절차】····································· 509
【국가지정문화유산 지정절차】 ································· 509
【국가무형유산과 국가긴급보호무형유산의 비교】························· 511
【지정ㆍ인정의 취소 vs 지정 해제】································ 513
【전통지식과 생활관습을 공유하다】(글. 허용호(경주대학교 문화유산학부 특임교수) ········· 514

제4장 보유자 및 보유단체 등의 인정 ·························· 515
【명예보유자의 인정】······································· 517
【법령상 주체의 비교】······································ 518
【모든 취소절차와 해제절차의 비교】······························· 523
【해제간주】············································ 523
【조사계획(규§2) 및 정기조사(§22)】······························· 525

제5장 전수교육 및 공개 ································· 527
【보유자등의 지원과 우수 이수자 지원의 비교】·························· 529
【전수교육의 실시 및 국가무형유산의 공개】··························· 534

제6장 시ㆍ도무형유산 ··································· 535
【국가무형유산과 시·도무형유산의 비교】····························· 537
【북한지역에 전승되던 무형유산의 취급】···························· 538

제7장 무형유산의 진흥 ································· 539

제8장 유네스코 협약 이행 ································· 543
【국가유산관련법령상 재단법인의 비교】······························ 545

제9장 보칙 ········································ 547
【국가유산관련법령에서 청문대상의 비교】 ··························· 548

제10장 벌칙 ······································· 551



| 차 례 : 『② 기출문제 해설 및 부록 편』
chap.Ⅰ 부록 1
1. 국가유산관련법령의 기간 및 수치정리 ··························· 3
2. 국가유산관련법령에서 "지체 없이"가 포함된 규정 ··················· 20
3. 국가유산관련법령에서 "중과실"이 포함된 규정 ······················ 24
4. 결격사유 ········································· 25
5. 상대방 있는 의사표시의 효력발생 시기 ························· 28
6. 경유기관 ········································· 30
7. 국가유산관련법령에서 ‘미술관’ 및 ‘박물관’의 비교 ···················· 38


chap.Ⅱ 단원별 기출문제 및 관련 조문번호 41
1. 문화유산의 보존 및 활용에 관한 법률(약칭: 문화유산법) ················ 43
제1장 총칙 ············································ 43
제2장 문화유산 보호 정책의 수립 및 추진 ····························· 48
제3장 문화유산 보호의 기반 조성 ·································· 61
제3장의2 문화유산지능정보화 기반 구축 ······························ 79
제3장의3 문화유산디지털콘텐츠의 보급 활성화 ·························· 79
제4장 국가지정문화유산 ······································· 80
제5장 삭제 ············································ 112
제6장 일반동산문화유산 ····································· 112
제7장 국유문화유산에 관한 특례 ·································· 119
제8장 국외소재문화유산 ····································· 120
제9장 시ㆍ도지정문화유산 ····································· 123
제10장 문화유산매매업 등 ····································· 126
제10장의2 문화유산의 상시적 예방관리 ····························· 133
제11장 보칙 ············································ 136
제12장 벌칙 ············································ 139

2. 자연유산의 보존 및 활용에 관한 법률(약칭: 자연유산법) ·············· 147
제1장 총칙 ············································ 147
제2장 자연유산 보호 정책의 수립 및 추진 ····························· 148
제3장 자연유산의 지정 및 관리 ································· 149
제4장 자연유산의 보존ㆍ관리 및 활용 ······························ 158
제5장 보칙 ············································ 158
제6장 벌칙 ············································ 158

3. 국가유산수리 등에 관한 법률(약칭: 국가유산수리법) ················· 159
제1장 총칙 ············································ 159
제2장 국가유산수리기술자 및 국가유산수리기능자 ························ 172
제3장 국가유산수리업등의 운영 ································· 179
제4장 전통건축수리기술진흥재단 등 ······························· 223
제5장 감독 ············································ 224
제6장 보칙 ············································ 229
제7장 벌칙 ············································ 230

4. 매장유산의 보호 및 조사에 관한 법률(약칭: 매장유산법) ·············· 231
제1장 총칙 ············································ 231
제2장 매장유산 지표조사 ····································· 237
제3장 매장유산의 발굴 및 조사 ································· 241
제4장 발견신고된 매장유산의 처리 등 ······························ 257
제5장 매장유산 조사기관 ····································· 267
제6장 보칙 ············································ 272
제7장 벌칙 ············································ 274

5. 고도 보존 및 육성에 관한 특별법(약칭: 고도육성법) ················· 275
제1장 총칙 ············································ 275
제2장 고도의 지정 등 ······································ 278
제3장 보존육성사업 등 ······································ 293
제4장 보칙 ············································ 301
제5장 벌칙 ············································ 302

6. 문화유산과 자연환경자산에 관한 국민신탁법(약칭: 문화유산신탁법) ·········· 303
제1장 총칙 ············································ 303
제2장 국민신탁법인의 설립 등 ··································· 304
제3장 국민신탁법인의 재산 등 ··································· 306
제4장 국민신탁법인의 기관 등 ··································· 308
제5장 보전협약 ········································· 308
제6장 국민신탁단체 ······································· 308
제7장 보칙 ············································ 310
제8장 벌칙 ············································ 310

7. 무형유산의 보전 및 활용에 관한 법률(약칭: 무형유산법) ·············· 311
제1장 총칙 ············································ 311
제2장 무형유산 정책의 수립 및 추진 ······························· 313
제3장 국가무형유산의 지정 등 ··································· 315
제4장 보유자 및 보유단체 등의 인정 ······························· 318
제5장 전수교육 및 공개 ······································ 323
제6장 시ㆍ도무형유산 ······································ 324
제7장 무형유산의 진흥 ······································ 324
제8장 유네스코 협약 이행 ····································· 324
제9장 보칙 ············································ 325
제10장 벌칙 ············································ 325
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