Who owns stolen Bodhisattva? Japanese temple says "Ownership by Possession" while Buseoksa temple contradicts "Not applicable"

▲ This photo, shows the Daejeon High Court. (Yonhap)

▲ This photo, shows the head monk of Kan'on-ji temple, who attended the trial over the ownership of Gilt-bronze Seated Avalokitesvara Bodhisattva of the Goryeo Dynasty, answering to the questions of the reporters. (Yonhap)

Seoul, August 18 (Yonhap) -- In the lawsuit over the ownership of Gilt-bronze Seated Avalokitesvara Bodhisattva of the Goryeo Dynasty, which has returned to Korea from Japan through the hands of the thieves, the Japanese temples are repeatedly claiming that the ownership of the Bodhisattva belongs to them, while Buseoksa Temple in Seosan, South Chungcheong Province claim, "this does not apply to stolen cultural assets."

"The ownership should be decided according to the civil law of Japan," mentioned Kan'on-ji temple, a Japanese temple, at the trial held on August 17 in the Daejeon High Court through its document. "According to the Japanese law, the ownership of the Bodhisattva belongs to us."

It claimed that the founder of Kan'on-ji temple, which was established in 1527, occupied the Bodhisattva for nearly 500 years after legally importing the Bodhisattva, and acquired the ownership through "Ownership by Possession."

This is a repetition of what was claimed by the head monk of Kan'on-ji temple at the trial in June.

However, Kan'on-ji temple did not exactly specify from when the statue was first possessed in the document.

While it was said that they would go back to Japan and look for evidence to support the claim of the head monk who said it had imported the Bodhisattva legally, the related materials have not yet been submitted.

The court decided to continue the trial on October 26, requesting the Kan'on-ji temple for additional explanations about the time of acquisition, and requested Buseoksa temple for their opinions after reviewing the claims of Kan'on-ji temple. 

"According to the civil law of Korea, who the owner is matters," countered Buseoksa temple, in response to Kan'on-ji temple's claim. "In particular, possession and acquisition of cultural properties that have been stolen are not permitted."

"It is evident that the Bodhisattva was stolen by the Japanese during the 14th century," said Kim Byung-gu, the lawyer of Buseoksa temple, as he met the reporters after the trial. "According to the precedents of the Supreme Court, in the case where they possessed when they knew it didn't belong to them, the ownership by possession is not established."

"In addition, according to the Cultural Heritage Protection Act, cultural properties should be protected before any other judicial order."

The Bodhisattva over which the dispute is happening, is 50.5cm high and weighs 38.6kg. It was brought to Korea by thieves in 2012.

Buseoksa Temple filed a lawsuit against the Korean government, stating, "As the statue was stolen by the Japanese, it should be returned to us, the original owners," based on the document that states "this statue was made to be enshrined in the temple in Seoju (name of Seosan during Goryeo Dynasty) around 1330."

Based on various evidences, on January 26, 2017, the first trial was ruled in favor of Buseoksa Temple, as "it is right to believe that the Japanese took the Bodhisattva in an abnormal way."

The Korean government appealed, and the appellate trial has been ongoing for six years.

(This article is translated from Korean to English by Haemin Kim.)

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