<W解説>日韓関係悪化の一因になった仏像返還訴訟、韓国の寺の敗訴が確定し、今後は?
A Korean temple has lost the lawsuit to return the Buddhist statue, which contributed to the deterioration of Japan-Korea relations, so what will happen next?
The Buddhist statue stolen from Kannon Temple in Tsushima City, Nagasaki Prefecture and brought to South Korea has been claimed by Busok Temple in Seosan, central South Korea, to hand it over to the South Korean government, which holds the statue.
On the 26th of this month, South Korea's Supreme Court dismissed Boseoksa Temple's lawsuit. The lawsuit, which lasted seven and a half years, has been decided. In response to the ruling, South Korea's Ministry of Foreign Affairs (equivalent to the Ministry of Foreign Affairs) issued the highest
He expressed his respect for the court's ruling. It is expected that the procedures to return the Buddhist statue to the Japanese side will proceed in the future. The seated statue of Kanzeon Bodhisattva, a designated tangible cultural property of Nagasaki Prefecture, was owned by Kannonji Temple.
"Satsuzazou" was stolen by a group of Korean thieves in October 2012 and brought to South Korea. The following year, in 2013, the thieves were arrested by South Korean police and the Buddha statue was confiscated, but Buseoksa Temple was renovated from ``the Middle Ages''.
It was plundered by the Japanese pirates in 1999.'' In 2016, he filed a lawsuit against the South Korean government seeking an injunction to stop the return of the Buddhist statue to Japan. The temple's lawsuit is aimed at returning the Buddhist statue to Japan.
For the South Korean government, this was a matter of no concern. In the first instance, the Korean court relied on the contents of the documents found inside the Buddhist statue and the fact that Wakō (Japanese pirates) had invaded the Seosan region five times since 1330.
Based on records from Goryeo history that state that the Buddhist statues were invaded into the area, it was determined that the Buddhist statues were taken from Boseoksa Temple through looting or other means. In 2017, the court ruled that the Buddhist statue could be presumed to be owned by Fuseki Temple.
He ordered that the statue be handed over to the temple. The Japanese side objected to this ruling, and it also contributed to the deterioration of Japan-Korea relations. After the first instance judgment, the South Korean government argued that the relationship between the Buddhist statue and Buseoksa Temple had not been sufficiently proven.
An appeal was filed, and a second trial proceeded to the Daejeon High Court in Daejeon, central Japan. In June last year, the chief priest of Kannonji Temple attended the trial for the first time as an ``auxiliary participant.'' The chief priest said, ``The Buddha statue was stolen.
``We should return to the essence of the fact that it was illegally brought into South Korea.'' ``We strongly hope that he will be back in our hands as soon as possible,'' he said.
In February of this year, the Ota High Court canceled the first instance judgment and issued a judgment demanding ownership of Kannonji Temple. The high court said,
"We can acknowledge the fact that Buddhist statues were produced at Fuseki-dera in 1330, and there is evidence that they were looted and illegally taken away by Japanese pirates."
It cannot be proven that they are the same religious group." The "statute of limitations" under the civil laws of Japan and South Korea, which recognizes ownership by peacefully and publicly owning Kannonji Temple for a certain period of time, has been established, and the current statute of limitations has passed.
It was determined that ownership of the rights rested with Kannon-ji Temple. Dissatisfied with the ruling, Buseokji filed an appeal with the Supreme Court in February of this year. On the 26th, the Supreme Court dismissed the plaintiff's lawsuit and ruled that the ownership of the Buddhist statue rests with Kannonji Temple.
He announced. The Supreme Court recognized that the Zuizhou Buseoksa Temple, where the Buddhist statue was made in the 14th century, and the current Buseoksa Temple were the same, but upheld the second trial's judgment that the statute of limitations for acquisition had been established under the Civil Code. Also,
Regarding the return, he pointed out that the South Korean government needs to consider international norms. According to Japanese media, in response to the ruling, Chief Priest Setsuryu Tanaka of Kannon-ji Temple said, ``I think we've reached a conclusion.''
It feels like it. In the end, the deciding factor will be to return to Tsushima." On the other hand, the Fusekiji Temple side criticized the ruling, calling it ``a barbaric ruling that legalized armed and illegal plunder.''
Eleven years after the Buddha statue was stolen, this issue, which along with the former labor recruitment lawsuit, was a contributing factor to the deterioration of Japan-Korea relations, has finally been resolved. In front of Fuji TV
Uru bureau chief Yasuhiro Watanabe said in an article published on FNN Prime Online, a news site streamed by Fuji TV, ``This judgment, which leads to the return to Japan, reflects the current situation, which is in extremely good condition.
"It may have something to do with Japan-Korea relations." Watanabe said, ``In South Korea, I have often heard that there are many cases in which the judiciary 'considers' the intentions of the current government,'' and added, ``Buddha statues...
Looking at the restitution lawsuit, an appellate court ruling in February 2023, about nine months after President Yoon took office, overturned the first instance ruling that recognized the ownership of temples in South Korea. recognized
I didn't meet it. And this is the South Korean Supreme Court's ruling." ``It must have been a relief for the Yun Seok-Yeong administration, which places great importance on Japan-Korea relations.''
It is expected that the process to return the Buddhist statue to Japan will proceed in the future. Deputy Chief Cabinet Secretary Hideki Murai said on the 26th, ``The government is
"We will continue to urge the South Korean government to return the temple to Gwaneumsa Temple as soon as possible, and we will continue to respond appropriately while communicating with related parties, including Gwaneumsa Temple." In addition, Lim Soo Seok of the South Korean Ministry of Foreign Affairs
On the same day, a provincial government official explained that procedures and other matters will be determined by relevant organizations based on relevant laws and regulations. According to Yonhap News, if there is a request from Japan, the Ministry of Foreign Affairs will communicate this to the Cultural Heritage Agency and the public prosecutor's office, and they will take action against the punishment.
The procedure will be conducted in accordance with Korean laws and regulations, including the Cases and Procedures Act. Kyodo News said, ``The Yun Seo-gyul (Yun Seok-yue) administration, which places importance on Japan-Korea relations, may seek to return the island to Japan as soon as possible.''
``If the statue is returned, it will give an impression of the stability of the relationship between the two countries,'' he said.
2023/10/30 10:59 KST
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