문화재의 보호와 반환에 관한 국제법의 발전과 해결방안

Since 1950s treaties have been concluded to regulate the issue of protection and return of cultural objects. The 1954 Hague Convention, the 1970 UNESCO Convention and the 1995 UNIDROIT Convention have no retroactive effects and are not joined by some concerned countries. Nevertheless, return of pillaged property has the effects of customary law. The return of Oe-kyujanggak archives has been pending over the past 20 years or so between Korea and France. Through tedious and incessant negotiations the issue was settled in the way of permanent loan. Criticism has been raised of the method of permanent loan, with the legal ownership still vested with France. Korea holds de facto right of ownership. The ways to effect the return of cultural property can be classified into two types; negotiation and legal proceedings. The result of negotiation can appear in the form of exchange, indefinite loans, voluntary return etc. These methods are not exclusive of each other, but rather can be complementary and related to each other. Legal action should normally be taken as a last resort. Throughout its long history Korea has suffered destruction, theft and pillage of innumerable numbers of cultural property. Currently Korean Overseas Cultural Heritage Foundation was set up to strive to retrieve displaced and pillaged cultural property and enhance the understanding of Korean culture overseas.