By Kim Rahn
Staff Reporter
Anyone buying cultural property should not regard it as their personal possession, according to a ruling by the Constitutional Court Friday.
The court said a law refuting ownership of stolen cultural property purchased by people without knowledge of the theft as constitutional.
All nine justices of the court agreed that the law on cultural property protection was constitutional in a case filed by a cultural property trader. He claimed the law infringed on his property rights and freedom of occupation.
An overarching civil law acknowledges a purchaser's ownership of an item even if the seller is not the proper owner. But the Cultural Property Law does not recognize ownership when the traded item is a state cultural property, such as a national treasure; when it is stolen; or when the seller deliberately damages the item so that the purchaser cannot recognize its source.
According to the law, compensation cannot be received for cultural property and should be returned if articles are bought without knowledge of the legitimacy of the trade.
``The law was designed to prevent illegal trading of cultural properties amid increasing smuggling and theft of properties, so the purpose of the legislation is justifiable,'' the court said.
``For a piece of cultural property, protecting the rightful owner is more important than guaranteeing trade, and the law does not excessively restrict cultural property traders' freedom to choose their occupation,'' it said.
Cultural properties are categorized into those designated by the state or local authorities and non-designated ones. Both can be traded, while trading of the former is rare because they are usually owned and managed by the authorities, according to the Cultural Heritage Administration.