사찰문화재 소유권 분쟁 분석을 통한 문화재 보존 및 관리 방안

The term "temple cultural heritage" refers to tangible and intangible cultural assets that are housed in temples or related to them. Given that Buddhism was the state religion during the periods of Goguryeo, Baekje, and Silla in the Three Kingdoms era, many cultural assets are currently housed in temples in Korea. In line with this, various laws and regulations concerning temple cultural heritage exist. The main laws include the Cultural Heritage Protection Act, the Act on the Preservation and Support of Traditional Temples, the Act on the Preservation and Utilization of Cultural Heritage, and the National Cultural Properties Basic Law. Meanwhile, since many cultural assets exist in temples, ownership disputes over them frequently arise. In Korea, there have been cases such as the lawsuit over the return of the Buddha statue from Buseoksa Temple and the ownership confirmation lawsuit of the bronze bell from Hoeamsa Temple. Overseas, similar disputes have occurred, such as the restoration and ownership disputes of Notre-Dame Cathedral in France, disputes over ancient Roman relics between the Vatican and areas near Rome in Italy, disputes over medieval relics of St. Nicholas Church in Kiel, Germany, ownership disputes over Anglo-Saxon relics at Winchester Cathedral in the UK, and disputes between Native Americans and southwestern U.S. churches. In Korea, when temple cultural heritage is nationalized, the role of the temple is often not recognized, and the state strongly asserts ownership, typically transferring the items to museums. This creates a situation in which the positive effects that arise from the cultural assets being housed in temples are diminished. Therefore, this paper aims to review relevant laws on the preservation and management of cultural assets, draw lessons from overseas cases, and suggest institutional and policy measures to preserve the true value of cultural assets that connect the past, present, and future.