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2023 각주 문화재 관련법령 세트

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2024-01-05 08:48 549 0

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2023 각주 문화재 관련법령 세트
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도서명 : 2023 각주 문화재 관련법령 세트
저자/출판사 : 이정열,임상혁, 법률저널
쪽수 : 868쪽
출판일 : 2022-08-25
ISBN : 9788963367316
정가 : 87000

| 차 례 : 『① 기본이론 편』
chap.Ⅰ 문화재관련 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. 문화재의 의의 ···································································································· 4
8. 문화재 보호 제도 ······························································································· 4
9. 문화재의 법적 성격 ··························································································· 5
10. 문화재보호의 기본원칙 및 보존방식 ······························································· 5
11. 법령의 종류 및 조약의 효력 ··········································································· 6
12. 기간의 계산방법 ······························································································ 7
13. 벌칙 ················································································································· 8
14. 형벌 ················································································································· 8
15. 지방자치단체 ································································································· 9

chap.Ⅱ 문화재보호법(문화재위원회규정 포함) 11
제1장 총칙 ··········································································································· 13
【 문화재별 정의에 따른 필수 가치의 종류 】··························································· 17
【 지정문화재의 종류 】··························································································· 17
【 비지정문화재의 종류 】························································································ 17
【 보호구역, 역사문화환경 및 역사문화환경 보존지역의 비교 】································ 18

제2장 문화재 보호 정책의 수립 및 추진 ····························································· 19
【 문화재기본계획과 문화재 보존 시행계획의 비교 】················································ 21
【 문화재관련법령에서 의견청취의 필수여부 】························································· 22
【 문화재위원회 관련 각 위원회의 비교 】································································ 25
【 문화재위원회 위원과 전문위원의 비교 】······························································ 26
【 문화재위원회 심의사항 】····················································································· 27

문화재위원회규정(대통령령) ·················································································· 30
【 제척, 기피, 회피, 해촉 】····················································································· 35
【 한국문화재재단과 국외(소재)문화재재단의 비교 】················································ 37
【 문화재위원회의 조직체계 】·················································································· 25

제3장 문화재 보호의 기반 조성 ··········································································· 39
【 기초조사(§10), 정기조사(§44)의 비교 】······························································ 40
【 역사문화환경 보존지역에서 건설행위 절차 】························································ 44
【 역사문화환경 보존지역 지정과 ‘보존 영향 검토’ 및 ‘행위기준 고시’절차 】············· 45
【 문화재보호법상 지방자치단체 조례로 규정할 사항 】············································ 45
【 화재등 방지 시책 수립과 교육훈련ㆍ홍보 실시 】 ··············································· 50
【 화재, 재난 및 도난 대응매뉴얼 및 금연구역 지정대상 비교 】 ···························· 50
【 지정문화재와 등록문화재의 화재등 대응매뉴얼·방지시설·금연구역 지정 등의 의무사항 비교 】·· 50
【 전문인력의 장학금관련 제출서류 】······································································ 53
【 장학금 관련 각종 사유의 비교 】········································································· 53
【 북한의 문화재 】·································································································· 55
【 유네스코 등재유산(세계유산, 인류무형문화유산 및 세계기록유산) 】····················· 56
【 한국의 유네스코 등재유산 현황(2022. 08. 01.기준) 】······································· 57
【 외국문화재의 보호 】··························································································· 58

제3장의2 문화재지능정보화 기반 구축 ································································ 67
【 문화재지능정보화 기반 구축 】············································································· 70

제4장 국가지정문화재 ··························································································· 71
제1절 지정 ········································································································· 71
【 구법상 대한민국의 1호 문화재의 종류 】····························································· 72
【 국가지정문화재 지정절차 】·················································································· 73
【 지정과 임시지정의 비교 】··················································································· 89
제2절 관리 및 보호 ·························································································· 91
【 문화재 기본계획과 문화재별 종합정비계획의 비교 】············································ 93
【 신고, 허가, 인가, 승인의 비교 】········································································· 93
【 허가사항(제35조) 】···························································································· 98
【 역사문화환경 보존지역의 문화재보존영향검토 및 행위기준수립, 현상변경 조사의 전문
가 범위비교 】···································································································· 101
【 천연기념물 동물의 치료 】················································································· 103
【 국가지정문화재의 국외반출과 수출의 비교 】······················································ 106
【 일반동산문화재의 국외반출의 특칙 】································································· 106
【 국가지정문화재와 역사문화환경 보존지역의 신고사항 비교 】····························· 109
【 행정명령 】········································································································ 111
【 기초조사(§10) 정기조사(§44 및 직권조사(§45)의 비교 】································· 114
제3절 공개 및 관람료 ···················································································· 117
【 국가지정문화재의 공개제한 및 해제 】······························································· 119
제4절 보조금 및 경비 지원 ··········································································· 121

제5장 국가등록문화재 ························································································ 123
【 국가등록문화재의 신고 및 현상변경 】······························································· 127
【 국가지정문화재와 국가등록문화재의 신고사항 비교 】········································· 129
【 지정문화재와 국가등록문화재의 비교 】······························································ 130

제6장 일반동산문화재 ························································································ 131
【 일반동산문화재의 국외반출과 수출 】································································· 133
【 일반동산문화재의 국외반출의 특칙 】································································· 133
【 동산의 감정 및 일반동산문화재의 반출절차 】···················································· 135
【 일반동산문화재 해당기준 요약(시행령 별표3 요약) 】········································· 137
【 각종 전문가의 범위비교 】················································································· 140

제7장 국유문화재에 관한 특례 ·········································································· 141

제8장 국외소재문화재 ······················································································ 143
【 한국문화재재단과 국외(소재)문화재재단의 비교 】·············································· 145

제9장 시·도지정문화재 및 시ㆍ도등록문화재 ················································· 147
【 시·도지정문화재, 문화재자료, 시·도등록문화재의 국외반출 】······························ 151

제10장 문화재매매업 등 ·················································································· 153
【 문화재매매업자의 신고 및 검인 절차 】····························································· 157
【 결격사유의 비교 】···························································································· 160

제10장의2 문화재의 상시적 예방관리 ······························································· 161
【 지역문화재돌봄센터의 평가절차 】 【 지역문화재돌봄센터 종사자 전문교육 】······· 165
【 중앙문화재돌봄센터 및 지역문화재돌봄센터 】···················································· 166

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

제12장 벌칙 ···································································································· 177
【 행정형벌 】········································································································ 181

chap.Ⅲ 문화재수리 등에 관한 법률 185
제1장 총칙 ········································································································· 187
【 도급과 하도급 】······························································································· 189
【 ‘문화재기본계획’과 ‘문화재수리등에 관한 기본계획’의 비교 】······························ 191
【 위원의 제척, 기피, 회피, 해촉 】······································································· 194
【 문화재수리기술위원회 관련 각 위원회의 비교 】················································· 196
【 문화재수리기술위원회의 위원과 전문위원의 비교 】············································ 196
【 ‘문화재수리기술위원회’와 ‘시ㆍ도문화재수리기술위원회’의 비교 】························ 197
【 문화재수리 및 실측설계의 주체(제5조, 제5조의2) 】·········································· 201

제2장 문화재수리기술자 및 문화재수리기능자 ··················································· 207

제3장 문화재수리업등의 운영 ············································································ 215
제1절 문화재수리업등의 등록 ········································································ 215
【 문화재수리업과 다른 업 또는 다른 단체의 인허가 비교 】·································· 219
【 신고, 허가, 인가, 승인의 비교 】······································································· 219
【 문화재정보체계와 문화재수리종합정보시스템 】··················································· 223
【 결격사유의 비교 】···························································································· 230
제2절 도급 및 하도급 ······················································································ 231
【 하수급인의 하자에 따른 발주자의 조치 】·························································· 235
【 공사대금의 종류 】···························································································· 238
【 원칙: 수급인의 하도급대금 지급(제28조) 】······················································· 238
【 예외: 발주자의 하도급대금 지급(제29조) 】······················································· 238
제3절 문화재수리 ···························································································· 239
【 문화재수리기술자의 현장 배치기준 】································································· 241
【 문화재수리기술자 1인 1현장 배치의 예외 】······················································ 241
【 보존과학기술자의 현장 배치기준 】···································································· 243
【 보존과학기술자 1인 1현장 배치의 예외 】························································· 243
【 문화재수리의 설계승인 및 현황보고 등 】·························································· 248
【 문화재수리업자의 손해배상 책임 】···································································· 249
【 문화재수리의 종류별 하자담보책임 기간 】························································· 251
【 문화재수리 보고서의 제출 】·············································································· 253
제3절의2 동산문화재 보존처리〈2021. 11. 19. 시행〉 ································ 254
【 보존처리계획 】································································································· 255
제4절 감리 ······································································································ 257
【 일반감리(비상주·상주) 및 책임감리의 비교 】····················································· 258
【 비상주문화재감리원, 상주문화재관리원 및 책임감리원의 업무비교 】··················· 259
【 책임감리를 하는 문화재감리원의 경력요건 】······················································ 265
【 감리 보고서의 제출 】······················································································· 267
【 문화재수리 보고서와 감리 보고서의 제출비교 】················································· 267
【 하수급인, 문화재수리기술자 및 문화재감리원의 하자시 발주자의 조치 】············ 269

제4장 전통건축수리기술진흥재단 등 ································································ 271
【 전통건축수리기술진흥재단의 문화재수리 및 감리 】············································ 271
【 문화재관련법령상 각종 법인의 비교 】······························································· 274

제5장 감독 ······································································································· 275
【 각종 자격 및 등록의 정지ㆍ취소사유 및 절차 】·················································· 286

제6장 보칙 ········································································································· 289
【 문화재수리업자의 평가 】··················································································· 294
【 문화재수리 능력의 평가 및 문화재수리업자의 평가 비교 】································ 295

제7장 벌칙 ········································································································· 299

chap.Ⅳ 매장문화재 보호 및 조사에 관한 법 303
제1장 총칙 ········································································································· 305

제2장 매장문화재 지표조사 ·············································································· 309
【 매장문화재 지표조사 및 보존조치 등의 절차 】·················································· 316
【 매장문화재 유존지역의 개발사업 】···································································· 319
제3장 매장문화재의 발굴 및 조사 ··································································· 321
【 매장문화재 유존지역의 발굴 】·········································································· 323
【 매장문화재 발굴허가 신청부터 발굴까지 제반 절차 】········································· 329
【 지표조사에 따른 보존조치 및 발굴된 매장문화재의 보존조치의 비교 】··············· 331
【 매장문화재 발굴허가 및 매장문화재 발굴 후 보존조치 등의 절차 】··················· 332

제4장 발견신고된 매장문화재의 처리 등 ··························································· 337
【 발견신고된 매장문화재, 매장물ㆍ유실물의 처리절차 】········································ 340
【 매장문화재 발견에 따른 보상금과 발굴에 따른 포상금의 비교 】························ 343
【 매장문화재 발굴에 따른 포상금 예제 】····························································· 343
【 제18조, 제19조, 제22조의 공고 비교 】··························································· 344

제5장 매장문화재 조사기관 ·············································································· 345
【 조사기관의 조사요원별 자격기준 및 등록기준 정리 】········································· 351

제6장 보칙 ········································································································· 355

제7장 벌칙 ········································································································· 359

chap.Ⅴ 고도 보존 및 육성에 관한 특별법 363
제1장 총칙 ··········································································································· 365
【 중앙심의위원회에서 위원과 전문위원의 해촉사유 비교 】···································· 369
【 고도보존육성중앙심의위원회와 고도보존육성지역심의위원회의 비교 】················· 371
【 문화재관련법령 전반의 결격사유 비교 】···························································· 372

제2장 고도의 지정 등 ························································································ 373
【 타당성조사와 기초조사의 비교 】······································································· 374
【 고도의 지정 】··································································································· 375
【 고도보존육성기본계획과 고도보존육성시행계획의 비교 】···································· 378
【 지구의 지정 절차 】··························································································· 381
【 특별보존지구와 보존육성지구의 비교 】······························································ 386
【 각종 조사, 계획, 고도 및 지구의 지정절차 등 】················································ 391
【 각종 조사, 계획, 고도 및 지구의 지정절차 등 비교 】········································ 392

제3장 보존육성사업 등 ······················································································ 395
【 사업시행자의 보존육성사업 및 주민지원사업 등 】············································· 400

제4장 보칙 ········································································································· 401
【 문화재관련법령에서 청문대상의 비교 】······························································ 403

제5장 벌칙 ········································································································· 405
【 문화재관련법령에서 규제의 타당성 검토의 비교 】············································· 407

chap.Ⅵ 문화유산과 자연환경자산에 관한 국민신탁법 409
제1장 총칙 ··········································································································· 411
【 문화유산 및 자연환경자산 】·············································································· 412

제2장 국민신탁법인의 설립 등 ········································································ 413
【 기본계획과 시행계획의 비교 】·········································································· 417
【 ‘보전·관리계획’과 ‘문화유산 및 자연환경자산 조사’ 】········································ 419

제3장 국민신탁법인의 재산 등 ·········································································· 421
【 재산현황의 공개 등 】······················································································· 421
【 국민신탁법인의 회계관련 제출서류 】································································· 423

제4장 국민신탁법인의 기관 등 ········································································ 425
【 문화재관련법령상 각종 사단법인의 비교 】························································· 427

제5장 보전협약 ·································································································· 428

제6장 국민신탁단체 [시행 2022. 5. 19] ······················································ 429

제7장 보칙 ······································································································· 433
【 행정계획 등의 협의 】······················································································· 434

제8장 벌칙 ········································································································· 435

chap.Ⅶ 무형문화재 보전 및 진흥에 관한 법률 437
제1장 총칙 ··········································································································· 439
【 법령상 주체의 비교 】······················································································· 441

제2장 무형문화재 정책의 수립 및 추진 ···························································· 443
【 무형문화재 기본계획과 시행계획, 조사계획의 비교 】········································· 445
【 무형문화재위원회의 조직체계 】········································································· 449
【 무형문화재위원회 관련 각 위원회의 비교 】······················································· 449
【 무형문화재위원회 위원과 전문위원의 비교 】······················································ 449
【 제척, 기피, 회피, 해촉 】·················································································· 451
【 무형문화재위원회 심의사항 】············································································ 452

제3장 국가무형문화재의 지정 등 ······································································· 453
【 국가무형문화재 지정절차 】··············································································· 455
【 국가지정문화재 지정절차 】··············································································· 455
【 국가무형문화재와 국가긴급보호무형문화재의 비교 】·········································· 457
【 지정·인정의 취소절차와 지정 해제절차의 비교 】················································ 459

제4장 보유자 및 보유단체 등의 인정 ································································ 461
【 명예보유자의 인정 】························································································· 463
【 모든 취소절차와 해제절차의 비교 】·································································· 467
【 해제간주 】········································································································ 467
【 조사계획(규§2) 및 정기조사(§22) 】··································································· 469

제5장 전수교육 및 공개 ···················································································· 471
【 보유자등의 지원과 우수 이수자 지원의 비교 】·················································· 473
【 전수교육의 실시 및 국가무형문화재의 공개 】···················································· 478

제6장 시ㆍ도무형문화재 ··················································································· 479
【 국가무형문화재와 시·도무형문화재의 비교 】······················································ 481
【 북한지역에 전승되던 무형문화재의 취급 】························································· 482
무형법 제31조 내지 제35조 ················································································ 482

제7장 무형문화재의 진흥 ················································································· 483

제8장 유네스코 협약 이행 ················································································· 487
【 문화재관련법령상 재단법인의 비교 】································································· 489

제9장 보칙 ········································································································· 490
【 문화재관련법령에서 청문대상의 비교 】······························································ 491

제10장 벌칙 ········································································································ 494

| 차 례 : 『② 기출문제 해설 및 부록 편』
chap.Ⅰ 연도별 기출문제 및 해설 1
2014년도 문화재관련법령 기출문제 ······································································ 3
2015년도 문화재관련법령 기출문제 ···································································· 35
2016년도 문화재관련법령 기출문제 ···································································· 65
2016년도 문화재관련법령 기출문제 ···································································· 95
2017년도 문화재관련법령 기출문제 ···································································· 95
2017년도 문화재관련법령 기출문제 ································································· 125
2018년도 문화재관련법령 기출문제 ································································· 125
2019년도 문화재관련법령 기출문제 ································································· 155
2020년도 문화재관련법령 기출문제 ································································· 197
2021년도 문화재관련법령 기출문제 ································································· 237
2022년도 문화재관련법령 기출문제 ································································· 285

chap.Ⅱ 부록 321
1. 문화재관련법령의 기간 및 수치정리 ····························································· 323
2. 문화재관련법령에서 '지체 없이'가 포함된 규정 ··········································· 336
3. 문화재관련법령에서 '중과실'이 포함된 규정 ················································ 339
4. 결격사유 ········································································································ 340
5. 상대방 있는 의사표시의 효력발생 시기 ························································ 343
6. 경유기관 ········································································································ 345
7. 문화재관련법령에서 ‘미술관’ 및 ‘박물관’의 비교 ··········································· 353

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