• Korean Journal of Heritage: History & Science
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• v.37
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• pp.371-405
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• 2004

International circulation of cultural assets involves numerous countries thereby making an approach based on international law essential to resolving this problem. Since the end of the $2^{nd}$ World War, as the value of cultural assets evolved from material value to moral and ethical values, with emphasis on establishing national identities, newly independent nations and former colonial states took issue with ownership of cultural assets which led to the need for international cooperation and statutory provisions for the return of cultural assets. UNESCO's 1954 "Convention for the Protection of Cultural Property in the Event of Armed Conflict" as preparatory measures for the protection of cultural assets, the 1970 "Convention on the Means of Prohibiting and Preventing the Illicit Import and Transfer of Ownership of Cultural Property" to regulate transfer of cultural assets, and the 1995 "Unidroit Convention on Stolen or Illegally Exported Cultural Objects" which required the return of illegally acquired cultural property are examples of international agreements established on illegal transfers of cultural assets. In addition, the UN agency UNESCO established the Division of Cultural Heritage to oversee cultural assets related matters, and the UN since its 1973 resolution 3187, has continued to demonstrate interest in protection of cultural assets. The resolution 3187 affirms the return of cultural assets to the country of origin, advises on preventing illegal transfers of works of art and cultural assets, advises cataloguing cultural assets within the respective countries and, conclusively, recommends becoming a member of UNESCO, composing a forum for international cooperation. Differences in defining cultural assets pose a limitation on international agreements. While the 1954 Convention states that cultural assets are not limited to movable property and includes immovable property, the 1970 Convention's objective of 'Prohibiting and preventing the illicit import, export and transfer of ownership of cultural property' effectively limits the subject to tangible movable cultural property. The 1995 Convention also has tangible movable cultural property as its subject. On this point, the two conventions demonstrate distinction from the 1954 Convention and the 1972 Convention that focuses on immovable cultural property and natural property. The disparity in defining cultural property is due to the object and purpose of the convention and does not reflect an inherent divergence. In the case of Korea, beginning with the 1866 French invasion, 36 years of Japanese colonial rule, military rule and period of economic development caused outflow of numerous cultural assets to foreign countries. Of course, it is neither possible nor necessary to have all of these cultural properties returned, but among those that have significant value in establishing cultural and historical identity or those that have been taken symbolically as a demonstration of occupational rule can cause issues in their return. In these cases, the 1954 Convention and the ratification of the first legislation must be actively considered. In the return of cultural property, if the illicit acquisition is the core issue, it is a simple matter of following the international accords, while if it rises to the level of diplomatic discussions, it will become a political issue. In that case, the country requesting the return must convince the counterpart country. Realizing a response to the earnest need for preventing illicit trading of cultural assets will require extensive national and civic societal efforts in the East Asian area to overcome its current deficiencies. The most effective way to prevent illicit trading of cultural property is rapid circulation of information between Interpol member countries, which will require development of an internet based communication system as well as more effective deployment of legislation to prevent trading of illicitly acquired cultural property, subscription to international conventions and cataloguing collections.

• Bangmulgwan gwa yeongu (The National Museum of Korea Journal)
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• v.1
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• pp.330-355
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• 2024

There are two main perspectives in Korea on Korean cultural heritage located overseas: one views it as items that need to be repatriated since they were scattered abroad under unfortunate historical circumstances. The other considers them as a means to more widely promote Korea's culture and long history. A shift in perspective has gradually been taking place in the decades since Korea's liberation from Japanese colonial rule in 1945. This can be noted through three major types of exhibitions. The first type is exhibitions of repatriated cultural heritage that showcase items that were illegally removed from the country but later returned or otherwise acquired through purchase or donation. The Special Exhibition of Returned Cultural Heritage, which was held in 1966 on the occasion of the normalization of diplomatic relations between the Republic of Korea and Japan, emphasized the legitimacy of reclaiming cultural properties that were illegally removed from Korea during the period of Japanese colonial rule. Around the 1990s, special exhibitions of private donations were held, which also highlighted the legitimacy of repatriation. The special exhibition of the Oegyujanggak Uigwe (Royal Protocols of the Joseon Dynasty from the Outer Royal Library) held in 2011 was seen as an opportunity to raise public interest in repatriation, heal the wounds of history, and restore the nation's cultural pride. The second type of exhibition involves borrowing and displaying overseas Korean cultural heritage in accordance with a theme as a means to reenergize and provide a comprehensive view of Korean culture. The exhibitions National Treasures from the Goryeo Dynasty in 1995 and National Treasures from the Early Joseon Dynasty in 1997 (both held at the Hoam Museum of Art) and the Masterpieces of Goryeo Buddhist Painting held at the National Museum of Korea in 2010 underscored the importance of overseas Korean cultural heritage for exploring Korean cultural history. The third type is special exhibitions on the history of the collection of Korean cultural heritage. With Korea's economic growth in the 1980s and the increase in exhibitions and the number of galleries featuring Korean cultural heritage in overseas museums in the 1990s, interest in the history of acquisition also grew. Exhibitions like The Korean Collection of the Peabody Essex Museum in 1994 and Korean Art from the United States in 2012 introduced overseas galleries focused on Korean art and the diverse history of collecting Korean cultural properties. They also examined the perception of Korean art in the United States. These efforts heightened public interest in establishing and supporting Korean galleries abroad. The initiation of more systematic surveys and research on Korean cultural heritage located abroad and the contribution of overseas Korean cultural heritage to the enhancement of the local understanding and promotion of Korean culture have resulted in changes to the perception of overseas Korean cultural heritage in Korea.