추가 적립 안내

본 新訂 4版(2022 脚注 문화재관련법령)은 새롭게 개정된 법령 그리고 2021년도 기출문제 해설을 추가함과 동시에 기존 교재의 적지 않은 내용을 수정 내지 보충했으며, 「기본이론」과 「기출문제 해설 및 부록」을 별권으로 분리하여 책 부피를 줄이고 가독성을 높였습니다.
2021. 07. 22. 현재 입법예고된 사항도 일단 교재에 수록하고 강의하였습니다. 입법예고 사항은 폐기되거나 수정확정될 수 있으므로 수시로 1타에듀 자료실 추록을 확인하기 바랍니다.
예년보다 어려웠던 2021년도 시험에서 고득점으로 필기시험에 합격한 수험생을 볼 때, 본서의 저술방식과 필자의 강의방식이 옳았다고 자신 있게 자평(自評)합니다.
본서는 필자의 강의가 수반되지 않으면 시간만 뺏는 독배(毒杯)가 됨을 유념하여 본서를 구입하시길 바랍니다.
기존 新訂 3版에 보내주신 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.
2021년 7월
이 정 열

| 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

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(2021. 07. 17.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 전문가 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[시행 2021. 6. 10] ··························· 155
【 지역문화재돌봄센터의 평가절차 】······································································ 159
【 지역문화재돌봄센터 종사자 전문교육 】······························································ 159
【 중앙문화재돌봄센터 및 지역문화재돌봄센터 】···················································· 160

제11장 보칙 ······································································································ 161

제12장.. 벌칙.. ···································································································· 171
【.. 행정형벌.. 】······································································································· 175

chap.Ⅲ 문화재수리 등에 관한 법률 179
제1장.. 총칙 ········································································································· 181
【.. 도급과.. 하도급.. 】······························································································ 183
【.. ‘문화재기본계획’과.. ‘문화재수리등에.. 관한.. 기본계획’의.. 비교.. 】························ 185
【.. 위원의.. 제척,.. 기피,.. 회피,.. 해촉.. 】································································· 188
【.. 문화재수리기술위원회.. 관련.. 각.. 위원회의.. 비교.. 】··········································· 190
【.. 문화재수리기술위원회의.. 위원과.. 전문위원의.. 비교.. 】········································ 190
【.. ‘문화재수리기술위원회’와.. ‘시ㆍ도문화재수리기술위원회’의.. 비교.. 】····················· 191
【.. 문화재수리.. 및.. 실측설계의.. 주체(제5조,.. 제5조의2).. 】······································ 195

제2장.. 문화재수리기술자.. 및.. 문화재수리기능자 ··················································· 201

제3장.. 문화재수리업등의.. 운영 ············································································ 209
제1절.. 문화재수리업등의.. 등록.. ········································································ 209
【.. 문화재수리업과.. 다른.. 업.. 또는.. 다른.. 단체의.. 인허가.. 비교.. 】························ 213
【.. 신고,.. 허가,.. 인가,.. 승인의.. 비교.. 】································································· 213
【.. 문화재정보체계와.. 문화재수리종합정보시스템.. 】··················································· 217
【.. 결격사유의.. 비교.. 】·························································································· 224
제2절.. 도급.. 및.. 하도급 ······················································································ 225
【.. 하수급인의.. 하자에.. 따른.. 발주자의.. 조치.. 】····················································· 229
【.. 공사대금의.. 종류.. 】··························································································· 232
【.. 원칙:.. 수급인의.. 하도급대금.. 지급(제28조).. 】····················································· 232
【.. 예외:.. 발주자의.. 하도급대금.. 지급(제29조).. 】····················································· 232
제3절.. 문화재수리.. ···························································································· 233
【.. 문화재수리기술자의.. 현장.. 배치기준.. 】······························································· 235
【.. 문화재수리기술자.. 1인.. 1현장.. 배치의.. 예외.. 】················································· 235
【.. 문화재수리의.. 설계승인.. 및.. 현황보고.. 등.. 】····················································· 240
【.. 문화재수리업자의.. 손해배상.. 책임.. 】································································· 241
【.. 문화재수리의.. 종류별.. 하자담보책임.. 기간.. 】····················································· 243
【.. 문화재수리.. 보고서의.. 제출.. 】··········································································· 245
제3절의2 동산문화재 보존처리〈2021. 11. 19. 시행〉 ································ 246
제4절 감리 ······································································································ 247
【 일반감리(비상주·상주) 및 책임감리의 비교 】··················································· 248
【 비상주문화재감리원, 상주문화재관리원 및 책임감리원의 업무비교 】················· 249
【 책임감리를 하는 문화재감리원의 경력요건 】···················································· 255
【 감리 보고서의 제출 】····················································································· 257
【 문화재수리 보고서와 감리 보고서의 제출비교 】·············································· 257
【 하수급인, 문화재수리기술자 및 문화재감리원의 하자시 발주자의 조치 】············ 259

제4장 전통건축수리기술진흥재단 등 ································································ 261
【 전통건축수리기술진흥재단의 문화재수리 및 감리 】············································ 261
【 문화재관련법령상 각종 법인의 비교 】······························································· 264

제5장 감독 ······································································································· 265
【 각종 자격 및 등록의 정지ㆍ취소사유 및 절차 】·················································· 276

제6장 보칙 ········································································································· 279
【 문화재수리업자의 평가 】··················································································· 284
【 문화재수리 능력의 평가 및 문화재수리업자의 평가 비교 】································ 285

제7장 벌칙 ········································································································· 289

chap.Ⅳ 매장문화재 보호 및 조사에 관한 법 293
제1장 총칙 ········································································································· 295

제2장 매장문화재 지표조사 ·············································································· 299
【 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
······················································································································· 327

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 】····························································· 333
【 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 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.. 】······································································· 437
【.. 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 국가무형문화재의 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 】································································· 477

제9장 보칙 ········································································································· 478
【 문화재관련법령에서 청문대상의 비교 】······························································ 479

제10장 벌칙 ······································································································ 483

| 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
2017년도 문화재관련법령 기출문제 ···································································· 95
2018년도 문화재관련법령 기출문제 ································································· 125
2019년도 문화재관련법령 기출문제 ································································· 155
2020년도 문화재관련법령 기출문제 ································································· 197
2021년도 문화재관련법령 기출문제 ································································· 237

chap.Ⅱ 부록 287
1. 문화재관련법령의 기간 및 수치정리 ····························································· 287
2. 문화재관련법령에서 '지체 없이'가 포함된 규정 ··········································· 300
3. 문화재관련법령에서 '중과실'이 포함된 규정 ················································ 304
4. 결격사유 ········································································································ 305
5. 상대방 있는 의사표시의 효력발생 시기 ························································ 308
6. 경유기관 ········································································································ 311
7. 문화재관련법령에서 ‘미술관’ 및 ‘박물관’의 비교 ··········································· 319