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(링철가능)(법률저널) 각주 문화재관련법령 기본이론 및 기출문제 해설 (2021) 문화재수리기술자 적립금

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본 新訂 3版(2021 각주 문화재관련법령)은 새롭게 개정된 법령 그리고 2020년도 기출문제 해설을 추가함과 동시에 기존 교재의 적지 않은 내용을 수정 내지 보충했습니다.
다만 「문화재수리 등에 관한 법률 시행령」 제3조의2부터 제3조의14, 제5조제1항제3호사 목, 제5조제2항, 제18조의2 및 제18조의3, 제19조의4 및 제19조의5, 「문화재수리 등에 관한 법률 시행규칙」 제17조의2부터 제17조의7, 「매장문화재 보호 및 조사에 관한 법률」 제10조의2 및 제11조의2, 제23조제3항, 제27조의2, 제27조의3 및 제35조, 「무형문화재 보전 및 진흥에 관한 법률 시행령」 제18조제2항, 제19조제3호, 제23조제1항제2호 등은 모두 2020년 11월 27일 또는 12월 10일에는 시행되어야 하는 사항으로, 2020. 10. 10. 현재 입법예고만 되어있고 시행 확정되지는 않았으나 일단 교재에 수록하였습니다.
입법예고 사항은 폐기되거나 수정확정될 수 있으므로 수시로 1타에듀 자료실 추록을 확인하기 바랍니다.
여러분들은 연구자가 아닌 수험생임을 늘 명심해야 합니다.
본서는 수험공부 방향을 제시하기 위한 것으로, 반드시 필자의 강의가 수반되어야 그 효과가 증대됩니다.
따라서 본서의 강약(强弱)조절과 시간절약 그리고 정확한 이해를 위해서 필자의 강의를 수강하시길 강권(强勸)합니다. 이점 유념하여 본서를 구입하시길 바랍니다.
기존 新訂 2版이 품절될 정도의 성원에 감사드리며, 본서를 통하여 여러분이 시험에 자신감을 갖게 되고 자격증 취득 기간을 단축할 수 있다면 필자는 더 없는 큰 기쁨을 얻을 것입니다.
본 지면을 빌어 제 삶을 주관하시는 하나님, 맏아들의 건강과 행복을 늘 기도하시는 부모님과 동생들 그리고 아내 한혜정과 아들 예선에게 감사드립니다. 더불어 본서의 출판과 동영상 강의출시에 도움을 주신 ‘법률저널’ 및 ‘1타에듀’ 임직원 여러분께 감사드립니다.
시험을 준비하는 수험생 여러분, 부디 소망을 이루기를 기원합니다.
2020년 10월
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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
제2장.. 문화재.. 보호.. 정책의.. 수립.. 및.. 추진 ························································ 19
【.. 문화재기본계획과.. 문화재.. 보존.. 시행계획의.. 비교.. 】·········································· 21
【.. 문화재관련법령에서.. 의견청취의.. 필수여부.. 】······················································ 22
【.. 문화재위원회의.. 조직체계.. 】··············································································· 25
【.. 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
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(2020... 10... 10.기준).. 】··································· 57
【.. 외국문화재의.. 보호.. 】························································································· 58
제4장.. 국가지정문화재 ··························································································· 67
제1절.. 지정.. ········································································································· 67
【.. 국가지정문화재.. 지정절차.. 】··············································································· 73
【.. 대한민국의.. 1호.. 문화재의.. 종류.. 】···································································· 73
【.. 지정과.. 임시지정의.. 비교.. 】·············································································· 83
제2절.. 관리.. 및.. 보호.. ·························································································· 85
【.. 문화재.. 기본계획과.. 문화재별.. 종합정비계획의.. 비교.. 】······································· 87
【.. 신고,.. 허가,.. 인가,.. 승인의.. 비교.. 】···························································· 87
【.. 허가사항(제35조).. 】························································································· 92
【.. 역사문화환경.. 보존지역의.. 문화재보존영향검토.. 및.. 행위기준수립,.. 현상변경.. 조사의.. 전문
가.. 범위비교.. 】······································································································ 95
【.. 천연기념물.. 동물의.. 치료.. 】·········································································· 97
【.. 국가지정문화재의.. 국외반출과.. 수출의.. 비교.. 】·············································· 100
【.. 일반동산문화재의.. 국외반출의.. 특칙.. 】························································· 100
【.. 국가지정문화재와.. 역사문화환경.. 보존지역의.. 신고사항.. 비교.. 】······················ 103
【.. 행정명령.. 】···························································································· 105
【.. 기초조사(§10),.. 정기조사(§44).. 및.. 직권조사(§45)의.. 비교.. 】························ 108
제3절.. 공개.. 및.. 관람료.. ···················································································· 111
【.. 국가지정문화재의.. 공개제한.. 및.. 해제.. 】························································· 113
제4절.. 보조금.. 및.. 경비.. 지원.. ··········································································· 115
제5장.. 국가등록문화재 ························································································ 117
【.. 국가등록문화재의.. 신고.. 및.. 현상변경.. 】··························································· 121
【.. 국가지정문화재와.. 국가등록문화재의.. 신고사항.. 비교.. 】································· 123
【.. 지정문화재와.. 국가등록문화재의.. 비교.. 】······················································· 124
제6장.. 일반동산문화재 ························································································ 125
【.. 일반동산문화재의.. 국외반출과.. 수출.. 】······················································· 127
【.. 일반동산문화재의.. 국외반출의.. 특칙.. 】··················································· 127
【.. 동산의.. 감정.. 및.. 일반동산문화재의.. 반출절차.. 】············································ 129
【.. 일반동산문화재.. 해당기준.. 요약(시행령.. 별표3.. 요약).. 】··································· 131
【.. 각종.. 전문가의.. 범위비교.. 】······································································· 134
제7장.. 국유문화재에.. 관한.. 특례 ·········································································· 135
제8장.. 국외소재문화재.. ······················································································ 137
【.. 한국문화재재단과.. 국외(소재)문화재재단의.. 비교.. 】·············································· 139
제9장.. 시·도지정문화재.. 및.. 시ㆍ도등록문화재.. .. ················································· 141
【.. 시·도지정문화재,.. 문화재자료,.. 시·도등록문화재의.. 국외반출.. 】························· 145
제10장.. 문화재매매업.. 등.. ·················································································· 147
【.. 문화재매매업자의.. 신고.. 및.. 검인.. 절차.. 】······················································· 151
【.. 결격사유의.. 비교.. 】···················································································· 154
제10장의2.. 문화재의.. 상시적.. 예방관리 ······························································· 155
제11장.. 보칙 ······································································································ 157
제12장.. 벌칙.. ···································································································· 167
【.. 행정형벌.. 】····························································································· 171

chap.Ⅲ 문화재수리 등에 관한 법률 175
제1장.. 총칙 ········································································································· 177
【.. 도급과.. 하도급.. 】······················································································ 179
【.. ‘문화재기본계획’과.. ‘문화재수리등에.. 관한.. 기본계획’의.. 비교.. 】······················· 181
【.. ‘문화재수리기술위원회’와.. ‘시ㆍ도문화재수리기술위원회’의.. 비교.. 】··················· 186
【.. 문화재수리.. 및.. 실측설계의.. 주체(제5조,.. 제5조의2).. 】······································ 191
제2장.. 문화재수리기술자.. 및.. 문화재수리기능자 ··················································· 197
제3장.. 문화재수리업등의.. 운영 ············································································ 205
제1절.. 문화재수리업등의.. 등록.. ········································································ 205
【.. 문화재수리업과.. 다른.. 업.. 또는.. 다른.. 단체의.. 인허가.. 비교.. 】····················· 209
【.. 신고,.. 허가,.. 인가,.. 승인의.. 비교.. 】································································· 209
【.. 문화재정보체계와.. 문화재수리종합정보시스템.. 】··················································· 213
【.. 결격사유의.. 비교.. 】·················································································· 220
제2절.. 도급.. 및.. 하도급 ······················································································ 221
【.. 하수급인의.. 하자에.. 따른.. 발주자의.. 조치.. 】··················································· 225
【.. 공사대금의.. 종류.. 】······················································································ 228
【.. 원칙:.. 수급인의.. 하도급대금.. 지급(제28조).. 】··············································· 228
【.. 예외:.. 발주자의.. 하도급대금.. 지급(제29조).. 】············································ 228
제3절.. 문화재수리.. ···························································································· 229
【.. 문화재수리기술자의.. 현장.. 배치기준.. 】························································ 231
【.. 문화재수리기술자.. 1인.. 1현장.. 배치의.. 예외.. 】············································· 231
【.. 문화재수리의.. 설계승인.. 및.. 현황보고.. 등.. 】·················································· 235
【.. 문화재수리업자의.. 손해배상.. 책임.. 】··················································· 236
【.. 문화재수리의.. 종류별.. 하자담보책임.. 기간.. 】················································· 239
【.. 문화재수리.. 보고서의.. 제출.. 】······································································· 241
제4절.. 감리.. ······································································································ 243
【.. 일반감리(비상주·상주).. 및.. 책임감리의.. 비교.. 】··············································· 244
【.. 비상주문화재감리원,.. 상주문화재관리원.. 및.. 책임감리원의.. 업무비교.. 】··············· 245
【.. 책임감리를.. 하는.. 문화재감리원의.. 경력요건.. 】················································· 251
【.. 감리.. 보고서의.. 제출.. 】··················································································· 253
【.. 문화재수리.. 보고서와.. 감리.. 보고서의.. 제출비교.. 】··········································· 253
【.. 하수급인,.. 문화재수리기술자.. 및.. 문화재감리원의.. 하자시.. 발주자의.. 조치.. 】····· 255
제4장.. 전통건축수리기술진흥재단.. 등.. ································································ 257
【.. 전통건축수리기술진흥재단의.. 문화재수리.. 및.. 감리.. 】········································ 257
【.. 문화재관련법령상.. 각종.. 법인의.. 비교.. 】·························································· 260
제5장.. 감독.. ······································································································· 261
【.. 각종.. 자격.. 및.. 등록의.. 정지.취소사유.. 및.. 절차.. 】········································ 274
제6장.. 보칙 ········································································································· 277
【.. 문화재수리업자의.. 평가.. 】················································································ 282
【.. 문화재수리.. 능력의.. 평가.. 및.. 문화재수리업자의.. 평가.. 비교.. 】························ 283
제7장.. 벌칙 ········································································································· 287
chap.Ⅳ 매장문화재 보호 및 조사에 관한 법 291
제1장.. 총칙 ········································································································· 293
제2장.. 매장문화재.. 지표조사.. ·············································································· 297
【.. 매장문화재.. 지표조사.. 및.. 보존조치.. 등의.. 절차.. 】··········································· 306
【.. 매장문화재.. 유존지역의.. 개발사업.. 】································································· 309
제3장.. 매장문화재의.. 발굴.. 및.. 조사.. ··································································· 311
【.. 매장문화재.. 유존지역의.. 발굴.. 】······································································· 313
【.. 매장문화재.. 발굴허가.. 신청부터.. 발굴까지.. 제반.. 절차.. 】································· 319
【.. 지표조사에.. 따른.. 보존조치.. 및.. 발굴된.. 매장문화재의.. 보존조치의.. 비교.. 】····· 321
【.. 매장문화재.. 발굴허가.. 및.. 매장문화재.. 발굴.. 후.. 보존조치.. 등의.. 절차.. 】········ 322
.. .. 제4장.. 발견신고된.. 매장문화재의.. 처리.. 등 ···················································· 327
【.. 발견신고된.. 매장문화재,.. 매장물ㆍ유실물의.. 처리절차.. 】···································· 330
【.. 매장문화재.. 발견에.. 따른.. 보상금과.. 발굴에.. 따른.. 포상금의.. 비교.. 】··············· 333
【.. 매장문화재.. 발굴에.. 따른.. 포상금.. 예제.. 】························································ 334
【.. 제18조,.. 제19조,.. 제22조의.. 공고.. 비교.. 】······················································· 334
제5장.. 매장문화재.. 조사기관.. ·············································································· 335
【.. 조사기관의.. 조사요원별.. 자격기준.. 및.. 등록기준.. 정리.. 】········································· 342
제6장.. 보칙 ········································································································· 347
제7장.. 벌칙 ········································································································· 351
chap.Ⅴ 고도 보존 및 육성에 관한 특별법 355
제1장.. 총칙 ········································································································· 357
【.. 중앙심의위원회에서.. 위원과.. 전문위원의.. 해촉사유.. 비교.. 】······························· 361
【.. 고도보존육성중앙심의위원회와.. 고도보존육성지역심의위원회의.. 비교.. 】················· 363
【.. 문화재관련법령.. 전반의.. 결격사유.. 비교.. 】························································ 364
제2장.. 고도의.. 지정.. 등 ······················································································· 365
【.. 타당성조사와.. 기초조사의.. 비교.. 】····································································· 366
【.. 고도의.. 지정】···································································································· 367
【.. 고도보존육성기본계획과.. 고도보존육성시행계획의.. 비교.. 】··································· 370
【.. 지구의.. 지정.. 절차.. 】······················································································· 373
【.. 특별보존지구와.. 보존육성지구의.. 비교.. 】··························································· 378
【.. 각종.. 조사,.. 계획,.. 고도.. 및.. 지구의.. 지정절차.. 등.. 】····································· 383
【.. 각종.. 조사,.. 계획,.. 고도.. 및.. 지구의.. 지정절차.. 등.. 비교.. 】··························· 384
제3장.. 보존육성사업.. 등 ······················································································ 387
【.. 사업시행자의.. 보존육성사업.. 및.. 주민지원사업.. 등.. 】········································ 392
제4장.. 보칙 ········································································································· 393
【.. 문화재관련법령에서.. 청문대상의.. 비교.. 】···························································· 395
제5장.. 벌칙 ········································································································· 397
【.. 문화재관련법령에서.. 규제의.. 타당성.. 검토의.. 비교.. 】········································ 399

chap.Ⅵ 문화유산과 자연환경자산에 관한 국민신탁법(약칭: 문화유
산신탁법) 401
제1장.. 총칙 ········································································································· 403
【.. 문화유산.. 및.. 자연환경자산.. 】··········································································· 404
제2장.. 국민신탁법인의.. 설립.. 등.. ········································································ 405
【.. 기본계획과.. 시행계획의.. 비교.. 】········································································ 409
【.. ‘보전ㆍ관리계획’과.. ‘문화유산.. 및.. 자연환경자산.. 조사’.. 】································· 411
제3장.. 국민신탁법인의.. 재산.. 등 ·········································································· 413
【.. 재산현황의.. 공개.. 등.. 】···················································································· 413
【.. 국민신탁법인의.. 회계관련.. 제출서류.. 】······························································· 415
.. 제4장.. 국민신탁법인의.. 기관.. 등.. ······································································ 417
【.. 문화재관련법령상.. 각종.. 사단법인의.. 비교.. 】····················································· 418
제5장.. 보전협약 ·································································································· 419
제6장.. 보칙.. ······································································································· 421
【.. 행정계획.. 등의.. 협의.. 】···················································································· 422
제7장.. 벌칙.. ······································································································· 423
chap.Ⅶ 무형문화재 보전 및 진흥에 관한 법률 425
제1장.. 총칙 ········································································································· 427
【.. 법령상.. 주체의.. 비교.. 】···················································································· 429
제2장.. 무형문화재.. 정책의.. 수립.. 및.. 추진 ·························································· 431
【.. 무형문화재.. 기본계획과.. 시행계획,.. 조사계획의.. 비교.. 】···································· 433
【.. 무형문화재위원회의.. 조직체계.. 】········································································ 436
【.. 무형문화재위원회.. 관련.. 각.. 위원회의.. 비교.. 】·················································· 437
【.. 무형문화재위원회.. 위원과.. 전문위원의.. 비교.. 】·················································· 437
【.. 제척,.. 기피,.. 회피,.. 해촉.. 】············································································· 439
【.. 무형문화재위원회.. 심의사항.. 】··········································································· 440
제3장.. 국가무형문화재의.. 지정.. 등 ······································································· 441
【.. 국가무형문화재.. 지정절차.. 】············································································· 443
【.. 국가지정문화재.. 지정절차.. 】············································································· 443
【.. 국가무형문화재와.. 국가긴급보호무형문화재의.. 비교.. 】········································ 445
【.. 지정·인정의.. 취소절차와.. 지정.. 해제절차의.. 비교.. 】·········································· 447
제4장.. 보유자.. 및.. 보유단체.. 등의.. 인정 ······························································ 449
【.. 명예보유자의.. 인정.. 】························································································ 451
【.. 모든.. 취소절차와.. 해제절차의.. 비교.. 】······························································ 455
【.. 해제간주.. 】······································································································ 455
【.. 조사계획(규§2).. 및.. 정기조사(§22).. 】································································· 457
제5장.. 전수교육.. 및.. 공개 ···················································································· 459
【.. 보유자등의.. 지원과.. 우수.. 이수자.. 지원의.. 비교.. 】·················································· 461
【.. 전수교육의.. 실시.. 및.. 공개】············································································· 466
제6장.. 시ㆍ도무형문화재.. ··················································································· 467
【.. 국가무형문화재와.. 시·도무형문화재의.. 비교.. 】······················································ 469
【.. 북한지역에.. 전승되던.. 무형문화재의.. 취급.. 】····················································· 470
제7장.. 무형문화재의.. 진흥.. ················································································· 471
제8장.. 유네스코.. 협약.. 이행 ················································································· 475
【.. 문화재관련법령상.. 재단법인의.. 비교.. 】···························································· 476
제9장.. 보칙 ········································································································· 477
【.. 문화재관련법령에서.. 청문대상의.. 비교.. 】··························································· 478
제10장.. 벌칙 ······································································································ 481
chap.Ⅷ 부록 485
1... 문화재관련법령의.. 기간.. 및.. 수치정리 ····························································· 487
2... 문화재관련법령에서.. '지체.. 없이'가.. 포함된.. 규정 ··········································· 501
3... 문화재관련법령에서.. '중과실'이.. 포함된.. 규정 ················································ 505
4... 결격사유 ········································································································ 507
5... 상대방.. 있는.. 의사표시의.. 효력발생.. 시기 ············································ 511
6... 경유기관 ········································································································ 515
【.. 특별보존지구와.. 보존육성지구의.. 비교.. 】························································ 521
【.. 각종.. 서류의.. 경유기관.. 및.. 제출기관.. 】························································· 522
7... 문화재관련법령에서.. ‘미술관’과.. ‘박물관’의.. 비교 ············································· 523
【.. 미술관.. 및.. 박물관의.. 비교.. 】····································································· 524
chap.Ⅸ 연도별 기출문제 및 해설 525
2014년도.. 문화재관련법령.. 기출문제 ································································· 527
2015년도.. 문화재관련법령.. 기출문제 ································································· 561
2016년도.. 문화재관련법령.. 기출문제 ································································· 591
2017년도.. 문화재관련법령.. 기출문제 ································································· 621
2018년도.. 문화재관련법령.. 기출문제 ································································· 649
2019년도.. 문화재관련법령.. 기출문제 ································································· 679
2020년도.. 문화재관련법령.. 기출문제 ································································· 721

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