Supreme Court Confirms Guilt of Museum Director Who Took Cultural Relics from Site to Personal Office

Supreme Court, Seocho-dong, Seoul. Photo by Honam Moon munonam@

[Asia Economy Reporter Kim Daehyun] The museum director who discovered buried cultural assets and moved them to a personal office without reporting to the Cultural Heritage Administration was confirmed guilty by the Supreme Court.

On the 14th, the Supreme Court Division 1 (Presiding Justice Lee Gitaek) announced that it upheld the lower court's decision to suspend the sentence of a 2 million won fine in the appeal trial of museum director A, who was charged with violating the Buried Cultural Assets Act. A suspended sentence means that for a defendant with a minor offense, the court postpones the sentencing for a certain period, and if no specific incident occurs during that period, the sentence is waived.

Previously, in 2019, while working as the director of a certain domestic museum, A inspected the area around the buried cultural assets preservation site in Incheon and discovered five pieces of buried cultural asset jeondol (traditional bricks used in the construction of fortress walls, etc.). He was prosecuted for moving and hiding them in his personal office without reporting to the Cultural Heritage Administration.

Article 17 of the current Buried Cultural Assets Act stipulates that "when buried cultural assets are discovered, the discoverer or the owner/manager of the preservation area must not alter the condition and must report the discovery to the head of the Cultural Heritage Administration."

In court, A’s side argued that they did not know the discovered jeondol were buried cultural assets and were unaware of the reporting regulations. They also claimed that moving the jeondol to the office for research and investigation should be considered a "work-related act."

The first trial court pointed out, "Considering the defendant’s education, career, position, and especially the fact that as a museum director he was investigating the nearby area, it is clear that he moved the discovered jeondol to the office knowing at least the possibility that they were buried cultural assets."

It added, "Even if the defendant did not report because he was unaware of the obligation to report to the head of the Cultural Heritage Administration upon discovering buried cultural assets, it does not affect the establishment of the crime," and "even if the defendant moved the jeondol for work purposes, this cannot be regarded as a justifiable act."

However, the court took into account that A, as the head of the local cultural heritage office and museum director, appeared to have moved the jeondol with the intention to investigate and research them, and that he showed remorse, and thus suspended the sentence of a 2 million won fine. The seized jeondol were also confiscated.

The second trial court also dismissed A’s appeal, stating, "It is legally clear that Article 17 of the Buried Cultural Assets Act applies to everyone without exception, so this act cannot be considered a lawful act in the course of duty that removes illegality."

The Supreme Court also rejected the appeal, stating, "The lower court did not err in its understanding of the law regarding intent, justifiable acts, and legal error."

This content was produced with the assistance of AI translation services.