The Japanese Law for the Protection of Cultural Properties was promulgated on May 30, 1950, and became effective on August 29 of the same year, during the occupation by Ghq/Scap after World War II. Although the Law has been revised several times, the basic philosophy has been succeeded to the present Law, and the Law has remained as the basis for the protection of cultural properties in Japan since then. Moreover, the Law has been known as an epoch-making law, in terms of its characteristic provisions such as defi ning intangible cultural properties, Cultural Properties Protection Commission, utilization of cultural properties, and property right of the owners. This paper newly examines the background of drafting these provisions and considers the infl uence of the Japanese specialists and the Ghq/Scap advisors on them, by investigating the minutes, drafts and bills left in Ghq/Scap records which were not mainly used in the previous studies. As a result, this paper reveals that the famous characteristic provisions of the Law refl ect the Japanese intention of those days, since the provisions of intangible cultural properties and Cultural Properties Protection Commission were established by the strong intention of the Japanese Diet, and the words ‘utilize’ and ‘property right’ were adopted to the Law by the recommendations of Ghq/Scap to specify the idea of the Japanese.
Keywords: Japan Second World War The Law for the Protection of Cultural Properties Ghq/Scap Records