Is it Plunder or Burglary: Ongoing Legal Dispute between Korean and Japanese Temple Surrounding the Seated Avalokitesvara Statue

Cultural properties represent the country's identity and history that not only implant national characteristics to the citizens but also function as a cultural diplomat that announces the country's development, philosophy, and history to other states. Recognizing the importance of protecting and preserving them, there were meaningful international efforts to return artworks and prevent illegal trade. However, despite the efforts, restoring looted cultural properties is lethargic due to the limitation of international treaties in many restitution cases. In addition, it is hard to prove that cultural property is stolen, and it is even more complicated if the country of origin lacks a proper act that urges a recovery of looted cultural property. The recently issued legal dispute between the Japanese and Korean temples is a clear demonstration of this complicated process.

In 1330, the Seated Avalokitesvara statue was first enshrined in Buseoksa Temple. After about 200 years, it was looted by Japanese invaders and later appeared at Gwaneumsa Temple in Daemado island, Japan. In 2012, thieves specializing in Korean cultural properties stole this statue and were caught by Korean Customs. From then, the Korean government, Gwaneumsa Temple, and the Japanese government started to argue for their rightful title. While Japanese government requested restitution for illegally transporting the statue, Buseoksa Temple requested an injunction against the transfer of possession by arguing that it was initially looted from the Japanese invaders. In 2013, Korea’s court held against the Japanese government. Later, Buseoksa claimed its ownership against the Korean government, assuring the return of the looted statue to the original owner. During this legal dispute, the Danaka Priest of Gwaneumsa Temple participated as a witness on the side of the Korean government to argue that it belonged to Gwaneumsa Temple since it was illegally exported to Korea, and both Korea and Japan’s civil law can recognize the Gwaneumsa’s legal acquisition prescription.

The statue was legally defined as a looted cultural heritage by Japanese invaders with ample evidence. However, Korea’s Court of Appeals recently issued the validity of the evidence which previously determined the statue as illegally exported work. In 2017, Korea’s Prosecution accused that the record of the history of the statue’s production had been manipulated and the stolen property should be returned to its original owner under the 1970 UNESCO Convention. However, the trial has been delayed due to Covid-19 and the alteration of the court members, putting the legal dispute into a labyrinth. The outcome of this case will determine the future direction of the return of cultural assets between Korea and Japan.

Article Written by Su Young Cho.

Sources:

KBS, Looting and theft... Buddha, where should I go with this Buddha statue? (Jun. 17, 2022), available at https://n.news.naver.com/article/056/0011285679.

NAVER, Knowledge Encyclopedia, available at https://terms.naver.com/entry.naver?docId=975574&cid=46705&categoryId=46705.

The JoongAng, The Buddha statue of Buseoksa Temple that the thief stole from Daemado Island... 3 years of appeal against the owner (Jan. 13, 2020), available at

https://www.joongang.co.kr/article/23680378#home.