Repatriation of Korean Cultural Property Looted by Japan-Can a Sincere Apology Resolve the Centuries-Old Korea/Japan Disputes?

Authors

Melissa (YoungJae) Koo, Benjamin N. Cardozo School of Law

Abstract

This Note will focus on the disputes between Korea, both North and South Korea, and Japan surrounding Korean cultural property looted by Japan and will explore concrete solutions for resolving such issues through alternative dispute resolution-more specifically, an apology. It will consider two predominant exampies of cultural property looting, which occurred during Japanese invasions of Korea-first, at the end of the sixteenth century and, the second, from 1910 to 1945. Additionally, Japan has frequently been characterized as being a "significant market" for stolen cultural property. It is reported that there are at least 34,157 objects of Korean origin in Japan, according to Korea's Cultural Properties Administration. Korean cultural properties that are currently overseas were mostly taken out of Korea by Japan during the two periods mentioned above and auctioned at Christie's and Sotheby's. Further, Japan is perceived to have a relatively loose export policy regarding cultural properties that are not National Treasurers, which has led to the illicit overseas transfers of many Korean cultural objects held in Japan.

Section II of this Note summarizes historical backgrounds of the relationship between the two East Asian neighbors, Korea and Japan. Section III discusses what has been done to repatriate the cultural objects both in the international context as well as in the domestic context in Korea and Japan. The section also highlights problems and obstacles of the repatriation efforts. In addition, the section will lay out the available ADR options both inside and outside the two nations and problems of the conventional ADR mechanisms in resolving the current issue. Section IV provides a proposal and a guideline to resolve the disputes in possibly the most effective, however unconventional ADR method between Korea and Japan-a sincere apology from Japan to Korea.

Disciplines

Comparative and Foreign Law | Criminal Law | Criminal Procedure | Dispute Resolution and Arbitration | International Law | Law | Legal History

Recommended Citation

Melissa (YoungJae) Koo, Repatriation of Korean Cultural Property Looted by Japan-Can a Sincere Apology Resolve the Centuries-Old Korea/Japan Disputes?, 16 Cardozo J. Conflict Resol. 625 (2015).
Available at: https://larc.cardozo.yu.edu/cjcr/vol16/iss2/10