Administrative Cancellation of Cultural Heritage and National Treasure Designation Invalidated for the First Time
Purchased Stolen Goods and Falsely Claimed Inheritance…9 Years After National Treasure Status, Stripped of Title
“Thorough Verification of Ownership and Origin Is Necessary”,
,
SEOUL, March 11 (Yonhap) – The ‘Daming Law’, which was exposed for being purchased as a stolen manuscript and falsely registered as a treasure, will be excluded from the treasure list.
This marks the first case where a national-designated heritage such as a national treasure or treasure has its registration invalidated.
According to the National Heritage Administration on the 11th, the committee under the Cultural Heritage Commission discussed administrative cancellation plans to revoke the designation of ‘Daming Law’ as a treasure and agreed upon the action in a recent meeting.
It lost its esteemed status 9 years after it was designated as a treasure in 2016.
,
The Cultural Heritage Commission explained that this decision followed a legal consultation and is part of the subsequent actions after a criminal sentence was executed due to the fraudulent treasure designation.
‘Daming Law’ has been regarded as a crucial document foundational to the penal code of the Joseon Dynasty.
It is a legal text from China’s Ming Dynasty, believed to have been published in 1389, and is considered a rare copy without any known copies existing domestically or abroad.
In the ‘2015-2016 National Treasure·Treasure Designation Report’, the National Heritage Administration mentioned its significance for not only the legal studies of the Joseon era but also as an invaluable resource for the bibliographic studies of early Joseon.
,
However, ‘Daming Law’ was embroiled in controversy merely 4 months after its designation as a treasure.
It was identified as ‘stolen goods’ during an investigation by the Northern Gyeonggi Police Agency (then Northern Gyeonggi Provincial Police) in 2016, where they apprehended tomb raiders and thieves who stole cultural properties from temples, historic sites, and traditional residences nationwide.
In truth, ‘Daming Law’ had been reported as stolen in 2011.
According to an investigation result, a private museum owner, Mr. A, purchased ‘Daming Law’ from a vendor dealing with stolen goods in 2012 for 15 million won and later applied for its treasure designation.
Mr. A allegedly deceived the authorities by claiming the artifact was an inheritance from his late father.
Upon the revelation of this deception, Mr. A was prosecuted for violating the Cultural Heritage Protection Act (now ‘Act on the Conservation and Utilization of Cultural Heritages’) and was sentenced to 3 years in prison.
Following the court’s verdict, the authorities deliberated on subsequent actions.
The National Heritage Administration decided to revoke the designation based on the administrative basic law that allows cancellation of unlawful or inappropriate dispositions, recognizing a serious flaw in designation at the time.
,
This is the first known instance of a treasure designation being rescinded.
A representative from the National Heritage Administration noted, “While there have been cases where a designation is lifted because the value of cultural heritage has changed or diminished, this is the first decision to cancel the designation of national treasure or treasure level cultural heritage.”
The academic community suggests that meticulous verification is crucial when designating national heritage.
For national treasures and treasures, after a private owner applies, the relevant local government compiles the necessary materials and reports to the National Heritage Administration, followed by reviews from the regional and Cultural Heritage Commission.
‘Daming Law’ similarly underwent the application process via Yeongcheon City, North Gyeongsang Province, in December 2013, followed by a review from the North Gyeongsang Province Cultural Heritage Commission. It then went through further investigations by more than three experts and discussions within the Cultural Heritage Commission.
,
There were multiple opportunities to scrutinize the acquisition context and ownership details of the artifact.
The theft of ‘Daming Law’ was already accessible on the National Heritage Administration website from 2011, two years before the application was submitted.
A specialist, who requested anonymity, commented, “As Gyeongju and Yeongcheon are both in North Gyeongsang Province, the ownership and origin should have been thoroughly verified given the artifact’s rarity and cultural value at the time.”
The ‘Daming Law’ is currently stored temporarily at the National Palace Museum.
The National Heritage Administration plans to officially announce the treasure designation cancellation on their website and through the gazettes soon.