Inwazja japońska na Półwysep Koreański w latach 1592–1598 a roszczenia restytucyjne Koreańczyków

Abstrakt

The article presents a brief history of the Japanese invasion of the Korean Peninsula in the end of the 16th century (also called the Imjin war) as well as it’s tragic effects. This conflict brought not only countless victims and desolation of cities and farmlands, but also complete cultural devastation in the Joseon Kingdom. Thousands of Korean cultural goods were demolished or burned down, while others were taken away to Japan and some of them are considered to be a part of Japanese cultural heritage. Therefore, it should be answered if Koreans nowadays have any right to demand restitution of these stolen objects. Korean recovery claims are mostly based on byronism and cultural nationalism, considering the lack of legal measures. The interest of the Japanese side to reject restitution of looted goods is secured by ius praedae. In the 16th century, it was a crucial principle of international law allowing one country to invade and plunder another, therefore, the Japanese are not obliged to return any of the appropriated objects. Nevertheless, in consideration of improving tense relations between the two countries, negotiating a settlement reciprocal for both parties concerning restitution claims of the Koreans through diplomatic channels should be undertaken.