Republic of Korea was handed over 1,326 pieces of cultural property from Japan through Korea-Japan Cultural Property Agreement of 1965 as a result of normalization of diplomatic relations. Thereafter, the Japanese government has consistently insisted that there could be no more controversial issue on return of cultural property between the two countries because it has been already and completely solved. However, from the side of Korea, the hand over of cultural property by Japan only means return of a part of cultural assets which were referred to in the Annex to the 1965 Cultural Property Agreement and the Japanese government possessed at the time of Korea-Japan Normalization. It is improper in international legal perspective that the Japanese government stressed that the issue on additional return of cultural assets which had not been deeply discussed in the process of diplomatic negotiation and enumerated in the Annex to the 1965 agreement does not exist.
In this regard, it is necessary to remind that the issue on return of cultural property was dealt with by Korea-Japan Cultural Property Agreement, not by Korea-Japan Claims Agreement at the final stage of Normalization. Therefore, if there is not any special provision in the Treaty on Basic Relations between Korea and Japan or alternatively Korea-Japan Claims Agreement, to the effect that problems not dealt with by the Cultural Property Agreement in relation to the issue on return of cultural property shall be regulated by the Claims Agreement, we could not conclude that issues on additional return of cultural property has been finally and totally resolved.
Today, cultural assets are not just products, but regarded as a symbol of a nation's spirit or cultural identity. So, return of cultural property to the state of origin is requisite to the full exercise by a nation of cultural rights or right of "Cultural Self-determination". Considering the recent developments of international cultural property law, there is a logical basis on demanding additional return of the Korean cultural assets illicitly exported from Korea under the Japanese colonial rule and now remaining in Japan. Related to this, we could not overlook the building of common perception that there is no statutory time limitation on return of cultural property illegally exported under international law. Consequently, the Korean government should be prepared for additional return of Korean cultural assets from Japan under Korea-Japan Cultural Property Agreement and make diplomatic and/or non-governmental efforts to achieve good results in the near future.