CHAPTER Ⅰ GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to contribute to preventing potential hazards to public health and hygiene and to promoting efficient utilization of national land and public welfare by prescribing matters relating to the methods of conducting funeral services and the installation, creation, management, etc. of funeral service establishments.
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| Article 2 (Definitions) |
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The definitions of terms used in this Act shall be as follows:
| 1. |
The term "burial" means the burial of a human corpse (including a dead fetus conceived for not less than four months; the same shall apply hereinafter) or its remains in the ground, which is performed as a part of a funeral service; |
| 2. |
The term "cremation" means the burning of a human corpse or its remains, which is performed as a part of a funeral service; |
| 3. |
The term "natural burial" means the burial of bone dust remaining after cremating human remains under or around a tree, flowering plant, grass, etc., which is performed as a part of a funeral service; |
| 4. |
The term "reburial" means the moving of any buried corpse or remains from one grave or charnel facility to another or the cremation or natural burial of such body or remains; |
| 5. |
The term "inurnment" means the placement of human remains in a charnel facility; |
| 6. |
The term "grave" means a facility for the burial of a human corpse or its remains; |
| 7. |
The term "cemetery" means any area in which graves are established; |
| 8. |
The term "crematorial facility" means any facility for cremation of dead human bodies or their remains; |
| 9. |
The term "charnel facility" means any charnel grave, charnel house, charnel monument or other facility used for permanent placement (excluding burial) of human remains; |
| 10. |
The term "charnel grave" means any charnel facility established in the form of a grave; |
| 12. |
The term "charnel monument" means any charnel facility established in the form of a monument; |
| 13. |
The term "natural burial ground" means any area in which natural burials may be conducted; |
| 15. |
The term "funeral service establishment" means any cemetery, crematory facility, charnel facility and natural burial ground and any funeral home under Article 29; |
| 16. |
The term "relative" means a person who has been in such relationship with the dead as falls under any of the following, and shall exercise his/her rights and duties as such in the order listed in the following: Provided, That if two or more children or lineal descendants are in the same order of priority, the closest and most senior relative shall have priority: |
| (d) |
Lineal descendants, except children; |
| (e) |
Lineal ascendants, except parents; |
| (f) |
Brothers and sisters; |
| (g) |
Head of an administrative agency or a treatment and protection institution who has treated, protected or taken custody of the deceased prior to his/her death; |
| (h) |
Person who substantially takes custody of the relevant corpse or remains, not falling under any of items (a) through (g). |
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| Article 3 (Non-Application to Cemeteries Established and Managed by State) |
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This Act shall not apply to cemeteries established and managed by the State.
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| Article 4 (Duties of State and Local Governments) |
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| (1) |
The State and local governments shall devise and implement a policy to encourage cremation, inurnment and natural burials so as to prevent any damage to national land which may result from an increase in cemeteries. |
| (2) |
Local governments shall have crematorial facilities to meet the demand of local residents for cremation. |
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| Article 5 (Establishment of Supply-Demand Program for Cemeteries, etc.) |
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| (1) |
The Minister of Health and Welfare shall establish a comprehensive supply-demand program for cemeteries, crematory facilities, charnel facilities and natural burial grounds every five years. |
| (2) |
The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") and the head of a Si/Gun/Gu (referring to an autonomous Gu; the same shall apply hereinafter) shall establish a mid- or long-term-supply-demand program for cemeteries, crematory facilities, charnel facilities and natural burial grounds within their jurisdictional areas in accordance with the comprehensive program under paragraph (1). |
| (3) |
The Mayor/Do Governor or the head of a Si/Gun/Gu may, if deemed necessary in light of the local peculiarities, establish all or some of a mid- or long-term program under paragraph (2) jointly with any other Mayor/Do Governor or head of a Si/Gun/Gu. |
| (4) |
The head of a Si/Gun/Gu shall report a mid or long-term program established under paragraph (2) to the relevant Special Metropolitan City Mayor, Metropolitan City Mayor or Do Governor, and the Mayor/Do Governor to the Minister of Health and Welfare, respectively. |
| (5) |
The Minister of Health and Welfare shall finalize a mid- or long-term program reported under paragraph (4) after consultation with the head of the relevant central administrative agency about the details of such program which require, among regions, adjustment of the supply and demand and joint establishment of, and mediation of conflicts over, funeral service establishments. |
| (6) |
The period for establishment, scope and details of the programs under paragraphs (1) and (2) and other necessary matters shall be prescribed by Presidential Decree. |
CHAPTER Ⅱ METHODS, ETC. OF BURIAL, CREMATION, REBURIAL AND NATURAL BURIAL
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| Article 6 (Temporal Restriction of Burial and Cremation) |
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No burial or cremation shall be performed unless twenty-four hours elapse from the time of death or stillbirth: Provided, That this shall not apply where any other Act provides otherwise or with respect to any fetus that died before reaching the seventh month of conception or other dead bodies prescribed by Presidential Decree.
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| Article 7 (Place of Burial and Cremation) |
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| (1) |
No person shall make a burial in an area other than any such cemetery as referred to in Article 13 or 14. |
| (2) |
No person shall conduct cremation in a facility or place other than crematory facilities: Provided, That this shall not apply where such facility or place does not pose any potential hazard to public health and hygiene, as prescribed by Presidential Decree. |
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| Article 8 (Report on Burial, Cremation or Reburial) |
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| (1) |
A person who has conducted a burial shall file a report thereon with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu (hereinafter referred to as the "head of a Si, etc.") who has jurisdiction over the relevant burial ground within 30 days of such burial. |
| (2) |
A person who intends to conduct a cremation shall file a report thereon with the head of a Si, etc. who has jurisdiction over the relevant crematory facility (referring to a facility or place in which cremation is conducted if the said facility is subject to the proviso to Article 7 (2)). |
| (3) |
A person who intends to make a reburial shall file a report thereon with the head of a Si, etc. who has jurisdiction over the existing site or the reburial site of the relevant corpse or remains, according to the following classifications: |
| 1. |
In cases of moving to another grave or cremate any buried corpse or remains: Existing site and reburial site of such corpse or remains; |
| 2. |
In cases of making the inurnment or natural burial of any buried corpse or remains: Existing site of such corpse or remains; |
| 3. |
In cases of moving any inurned remains to another grave: Reburial site of such remains. |
| (4) |
In using any public cemetery, public crematory facility, public charnel facility or public natural burial ground under Article 13 (1), any such report as referred to in paragraphs (1) through (3) shall be filed with the Mayor/Do Governor or the head of a Si/Gun/Gu who has established, created or managed such public cemetery, public crematory facility, public charnel facility or public natural burial ground. |
| (5) |
The Mayor/Do Governor or the head of a Si/Gun/Gu shall, upon receipt of any report under paragraphs (1) through (4), issue certification a report. |
| (6) |
Necessary matters regarding reports and the issuance of certificates under paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
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| Article 9 (Methods, etc. of Burial, Cremation and Reburial) |
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| (1) |
A person who intends to bury a human corpse shall, in embalming such body, do so in a sanitary manner in accordance with the standards prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) |
A person who intends to conduct a burial, cremation or reburial shall do so in a manner that does not have any adverse effect on public hygiene, and necessary matters regarding the detailed methods of and standards for such burial, cremation or reburial including the depth of burial, the extent of incineration of dead bodies or their remains and the disposition of the existing graves shall be prescribed by Presidential Decree. |
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| Article 10 (Methods of Natural Burial) |
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| (1) |
A person who intends to make a natural burial shall pulverize the human remains cremated to the extent suitable for burial. |
| (2) |
Any respectable used to encase and bury human remains pulverized under paragraph (1) shall be biochemically degradable one. |
| (3) |
Necessary matters regarding the methods of burial, the standards for respectables, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
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| Article 11 (General Survey of Cemeteries) |
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The Minister of Health and Welfare, the Mayor/Do
Governor or the head of a Si
/Gun
/Gu
may, if deemed necessary to establish a supply-demand program for cemeteries, etc. under Article 5 (1) or to dispose of unclaimed graves under Article 28, conduct a general survey of graves, fixing the period for such survey and the areas to be surveyed.
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| Article 12 (Disposition of Unclaimed Bodies, etc.) |
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| (1) |
The head of a Si, etc. shall temporarily bury, or cremate and inurn, any human corpse found within his/her jurisdictional area, which has no relative or the relatives of which are unknown: Provided, That this shall not apply where any other Act provides otherwise. |
| (2) |
The head of a Si, etc., who has disposed of any unclaimed body, etc. under paragraph (1), shall make public announcement thereof without delay, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) |
Necessary matters regarding the period of the burial or inurnment under paragraph (1), the methods of disposition at the time of expiration of such period, etc. shall be prescribed by Presidential Decree. |
CHAPTER Ⅲ CEMETERIES, CREMATORY FACILITIES, CHARNEL FACILITIES AND NATURAL BURIAL GROUNDS
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| Article 13 (Establishment of Public Cemeteries, etc.) |
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| (1) |
The Mayors/Do Governors and the heads of Sis/Guns/Gus shall establish, develop and manage public cemeteries, public crematory facilities, public charnel facilities and public natural burial grounds. |
| (2) |
The Mayor/Do Governor or the head of a Si/Gun/Gu may, if deemed unavoidable in light of the local peculiarities, establish, develop and manage all or some of any public cemetery, public crematory facility, public charnel facility or public natural burial ground under paragraph (1) in conjunction with any other Mayor/Do Governor or head of Si/Gun/Gu. |
| (3) |
The Commissioner of the Korea Forest Service or the head of any other central administrative agency may develop and manage any woodland burial ground or other natural burial ground within any national forest area or other State-owned land. |
| (4) |
The Commissioner of the Korea Forest Service, the head of any other central administrative agency or the head of a local government, who has developed any woodland burial ground or other natural burial ground, shall make public notification of the name, location, lot number, size, etc. thereof, as prescribed by Presidential Decree. |
| (5) |
Necessary matters regarding the standards for establishment of public cemeteries, public crematory facilities and public charnel facilities, the standards for development of woodland burial grounds and other natural burial grounds, etc., under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
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| Article 14 (Establishment, etc. of Private Cemeteries) |
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| (1) |
A person, other than the State, the Mayor/Do Governor and the head of a Si/Gun/Gu, may establish and manage a cemetery (hereinafter referred to as "private cemetery") according to the following classifications: |
| 1. |
Individual cemetery: A cemetery which contains only one grave or, within the same cemetery space, the graves of a couple who had been in a matrimonial relationship; |
| 2. |
Family cemetery: A cemetery which contains, within the same cemetery space, only graves of those related by blood or marriage under the Civil Act; |
| 3. |
Clan cemetery: A cemetery which contains, within the same cemetery space, only graves of the family members of the same clan; |
| 4. |
Corporate cemetery: A cemetery established by a juristic person which contains graves of many unspecified persons within the same cemetery space. |
| (2) |
A person who has established an individual cemetery shall report such fact to the head of a Si, etc. who has jurisdiction over such cemetery within 30 days of establishment thereof, as prescribed by Ordinance of the Ministry of Health and Welfare. The same shall also apply where any change is made to such reported matters, as prescribed by Presidential Decree. |
| (3) |
A person who intends to establish and manage a family cemetery, a clan cemetery or a corporate cemetery shall obtain permission therefor from the head of a Si, etc. who has jurisdiction over such cemetery, as prescribed by Ordinance of the Ministry of Health and Welfare. The same shall also apply where it is intended to make changes to any such matter, among those so permitted, as prescribed by Presidential Decree. |
| (4) |
The head of a Si, etc. may grant permission for the establishment and management of a corporate cemetery only to an incorporated foundation that is established under the Civil Act for the purposes of establishing and managing cemeteries. |
| (6) |
Necessary matters regarding the standards, etc. for establishment of private cemeteries, including the permissible size, types of grave and location shall be prescribed by Presidential Decree. |
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| Article 15 (Establishment of Private Crematory Facilities, etc.) |
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| (1) |
A person, other than the Mayor/Do Governor and the head of a Si/Gun/Gu, who intends to establish and manage a crematory facility (hereinafter referred to as "private crematory facility") or charnel facility (hereinafter referred to as "private charnel facility") shall report thereon to the head of a Si/Gun/Gu who has jurisdiction over such private crematory facility or private charnel facility, as prescribed by Ordinance of the Ministry of Health and Welfare. The same shall also apply where it is intended to make a change make changes to any such matters, among those so reported, as prescribed by Presidential Decree. |
| (2) |
The constructor of a private charnel facility shall ascertain whether such charnel facility is reported pursuant to paragraph (1). |
| (3) |
A person who intends to establish and manage a private charnel facility with a capacity of not less than 500 cinerary urns shall establish an incorporated foundation to take charge of the establishment and management of such charnel facility pursuant to the Civil Act: Provided, That this shall not apply where such facility is established and managed by any such public corporation or religious organization prescribed by Presidential Decree or only for the purpose of storing the remains of those who had been related by blood or marriage or the family members of a clan pursuant to the Civil Act. |
| (4) |
Necessary matters regarding the permissible size and location of private crematory facilities and private charnel facilities and other standards for establishment thereof shall be prescribed by Presidential Decree. |
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| Article 16 (Development, etc. of Natural Burial Grounds) |
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| (1) |
A person, other than the State, the Mayor/Do Governor and the head of a Si/Gun/Gu, may develop any woodland burial ground or other natural burial ground (hereinafter referred to as "private natural burial ground") according to the following classifications: |
| 1. |
Natural burial ground for an individual or a family: An area, the size of which is less than 100 square meters, developed for the purpose of natural burial of the remains of one deceased person or of those mutually related by blood or marriage under the Civil Act within the same space; |
| 2. |
Natural burial ground for a clan: An area developed for the purpose of natural burial of the remains of the family members of a clan within the same space; |
| 3. |
Natural burial ground for a corporation, etc.: An area developed by a juristic person or religious organization for the purpose of natural burial of the remains of many unspecified persons within the same space. |
| (2) |
A person who has developed a natural burial ground for an individual or a family shall report such fact to the head of the competent Si, etc. within 30 days of such development, as prescribed by Ordinance of the Ministry of Health and Welfare. The same shall also apply where any change is made to any matter prescribed by Presidential Decree, from among the matters he/she has reported. |
| (3) |
Any person who intends to develop a natural burial ground for a clan shall report to the head of the competent Si, etc. as prescribed by Ordinance of the Ministry of Health and Welfare. The same shall also apply where any change is made to any matter prescribed by Presidential Decree, from among the matters he/she has reported. <Newly Inserted by Act No. 11253, Feb. 1, 2012> |
| (4) |
A person who intends to develop a natural burial ground for a corporation, etc. shall obtain permission therefor from the head of a Si, etc., as prescribed by Presidential Decree. The same shall also apply where he/she intends to make any change to any such permitted matter. <Amended by Act No. 11253, Feb. 1, 2012> |
| (5) |
The head of a Si, etc. may grant permission for the development of a natural burial ground for a corporation, etc. only to a person who falls under any of the following subparagraphs: <Amended by Act No. 11253, Feb. 1, 2012> |
| 1. |
An incorporated foundation established under the Civil Act for the purposes of developing and managing natural burial grounds; |
| 2. |
A public corporation or religious organization prescribed by Presidential Decree. |
| (6) |
No facility shall be established within a natural burial ground, except for signs bearing the names, etc. of the dead and their relatives and other convenience facilities. <Amended by Act No. 11253, Feb. 1, 2012> |
| (7) |
Necessary matters regarding the size of each type of private natural burial ground under paragraph (1), and the standards for signs and the types of convenience facilities established within natural burial grounds and other standards for development of natural burial grounds under paragraph (6), shall be prescribed by Presidential Decree. <Amended by Act No. 11253, Feb. 1, 2012> |
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| Article 17 (Restriction on Establishment of Cemeteries, etc.) |
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No cemetery, crematory facility, charnel facility or natural burial ground shall be established or developed within an area which falls under any of the following subparagraphs:
| 2. |
A water-source protection area referred to in Article 7 (1) of the Water Supply and Waterworks Installation Act: Provided, That this shall not apply with respect to any charnel facility installed within the precincts of an existing temple or any charnel facility or natural burial ground of less than a certain size for an individual, a family or a clan which is established or developed by any local resident prescribed by Presidential Decree; |
| 3. |
A protective zone for the preservation of cultural heritage assets or resources under Articles 9 and 71 of the Cultural Heritage Protection Act: Provided, That this shall not apply with respect to any natural burial ground of less than the size prescribed by Presidential Decree which is developed with permission of the Administrator of the Cultural Heritage Administration; |
| 4. |
Other areas prescribed by Presidential Decree. |
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| Article 18 (Occupied Area, etc. of Grave, etc.) |
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| (1) |
The occupied area of one grave and its memorial appendages, including a stone offertory table, a tombstone, etc., in a public cemetery, a family cemetery, a clan cemetery or a corporate cemetery shall not exceed 10 square meters (15 square meters for a grave wherein bodies are buried together). |
| (2) |
The area of an individual cemetery shall not exceed 30 square meters. |
| (3) |
The height and area of each charnel grave among charnel facilities shall not exceed 70 centimeters and 2 square meters, respectively. |
| (4) |
Matters regarding the type, size, etc. of a stone offertory table, a tombstone and other memorial appendages for each grave, charnel grave or charnel monument shall be prescribed by Presidential Decree. |
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| Article 19 (Duration of Graves) |
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| (1) |
The duration of a grave established in a public cemetery referred to in Article 13 or a private cemetery provided for in Article 14 shall be 15 years. |
| (2) |
If, at the expiration of the duration of a grave under paragraph (1), the relative concerned files an application for an extension of that period with the relevant Mayor/Do Governor, head of a Si/Gun/Gu or person permitted to establish and manage a corporate cemetery pursuant to Article 14 (3), the said period shall be extended up to three times by another 15 years each time. |
| (3) |
In computing the duration of a grave under paragraphs (1) and (2), if two bodies or more are buried there together, the said period shall be counted from the date they are buried together. |
| (4) |
Notwithstanding the provisions of paragraph (2), the Mayor/Do Governor or the head of a Si/Gun/Gu may, if deemed necessary for the supply-demand adjustment of cemeteries within his/her jurisdictional area, reduce the duration of graves extended under paragraph (2) to not less than five years but less than 15 years, as prescribed by Municipal Ordinance. |
| (5) |
Necessary matters regarding application for extension of the duration of graves under paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
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| Article 20 (Disposition of Graves Duration of Which has Expired) |
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| (1) |
At the expiration of the duration of a grave under Article 19, the relative concerned shall remove facilities installed at such grave and cremate or inurn the remains buried therein, within one year from the date such period has expired. |
| (2) |
The establisher of a public or private cemetery may, if a relative fails to carry out the removal, cremation and inurnment required under paragraph (1), remove facilities installed at the relevant grave, and cremate and temporarily inurn the remains buried therein. |
| (3) |
The establisher of a public or private cemetery who intends to take any measure under paragraph (2), shall give a prior notice thereof to the relative of the grave concerned, fixing the period of such measure: Provided, That if such relative is unknown, the said fact shall be publicly announced. |
| (4) |
Necessary matters regarding the period, methods, procedures, etc. of the notice and public announcement under paragraph (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| (5) |
With respect to inurnment under paragraph (2), Article 12 (3) shall apply mutatis mutandis. |
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| Article 21 (Prohibition of Prior Trading, etc. of Cemetery Lots) |
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The Mayor/Do
Governor or the head of a Si
/Gun
/Gu
who establishes and manages a public cemetery under Article 13 or a person who establishes and manages a private cemetery under Article 14 shall be prohibited from selling, transferring, leasing or entering into a contract for use of a lot in such cemetery prior to the death of a person to be buried in such lot: Provided
, That this shall not apply where a person aged 70 or older requests the sale, etc. of such lot for the purpose of his/her own use or otherwise in cases prescribed by Presidential Decree.
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| Article 22 (Preparing and Managing Cemetery Register) |
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| (1) |
The head of a Si, etc. shall prepare and manage a cemetery register regarding the current state of cemeteries which are located in his/her jurisdictional area, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) |
The cemetery register under paragraph (1) shall be prepared and managed electronically except where there is any special reason. |
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| Article 23 (Imposition of Fees and Charges for Use and Management of Public Cemeteries, etc.) |
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| (1) |
The amount, methods of imposition and use of fees and charges for use and management imposed by the head of a local government on the users of a public cemetery, public crematory facility, public charnel facility or public natural burial ground, and other necessary matters, shall be prescribed by Ordinance of the relevant local government. In such cases, the amount of such fees and charges shall be determined in consideration of the price of land, the expenses incurred in establishing and developing related facilities, the promotion of the welfare of local residents, etc. |
| (2) |
In imposing any fee or charge for use or management under paragraph (1), a distinction may be made between residents of the relevant local government and other local governments. |
| (3) |
The Commissioner of the Korea Forest Service or the head of any other central administrative agency, who develops and manages a natural burial ground within any national forest area or other state-owned land, shall predetermine and give public notice of the amount and methods of imposition, and use, of fees and charges for the use and management of such natural burial ground to be imposed on the users thereof, and other necessary matters. |
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| Article 23-2 (Special Cases on Fees for Use of Public Crematorial Facility) |
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Where a person uses a public crematorial facility when any of the following persons dies, the head of a local government shall fully exempt him/her from fees for the use of the public crematorial facility:
| 2. |
A victim or contributor under the Framework Act on Veterans’ Affairs. |
[This Article Newly Inserted by Act No. 11253, Feb. 1, 2012]
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| Article 24 (Report on Fees and Charges for Use and Management of Corporate Cemeteries, etc.) |
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| (1) |
A person who establishes, develops or manages any corporate cemetery, private crematory facility, private charnel facility or private natural burial ground shall, upon setting fees and charges for the use and management of such corporate cemetery, private crematory facility, private charnel facility or private natural burial ground, file a report thereon with the head of the competent Si, etc., as prescribed by Ordinance of the Ministry of Health and Welfare. The same shall also apply where any change is made to such reported matters. |
| (2) |
A person who establishes, develops or manages any corporate cemetery, private crematory facility, private charnel facility or private natural burial ground shall post in a place conspicuous to users a price list indicating the fees and charges for the use and management thereof reported pursuant to paragraph (1) and the prices by items of such memorial appendages as stone offertory tables and tombstones and other funeral supplies. |
| (3) |
A person who establishes, develops or manages any corporate cemetery, private crematory facility, private charnel facility or private natural burial ground shall be prohibited from collecting any money or goods other than the fees and charges for use and management and the prices of memorial appendages and funeral supplies posted pursuant to paragraph (2). |
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| Article 25 (Reserving Management Funds for Private Cemeteries, etc.) |
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| (1) |
A person who establishes, develops or manages any private cemetery, private charnel facility or private natural burial ground as prescribed by Presidential Decree shall reserve management funds necessary to maintain, manage, improve and repair such cemetery, charnel facility or natural burial ground against any possible future disaster. |
| (2) |
Necessary matters regarding the amount and use of management funds to be reserved under paragraph (1), the period, procedures and methods for reserve thereof, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, the amount of such management funds shall be determined in consideration of the cost of installation and development of the relevant facility, disaster risk index, amount of management funds to be collected annually, etc. |
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| Article 26 (Closedown, etc. of Funeral Service Establishments) |
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A person who intends to close down any private cemetery or private natural burial ground reported or permitted pursuant to Article 14 (3) or Article 16 (3) or (4), or any private crematory facility or private charnel facility reported pursuant to Article 15 (1) shall make a report thereon to the head of the competent Si
, etc. <Amended by Act No. 11253, Feb. 1, 2012>
CHAPTER Ⅳ DISPOSITION, ETC. OF UNCLAIMED GRAVES
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| Article 27 (Disposition, etc. of Graves, etc. Established on Another Person's Land, etc.) |
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| (1) |
The owner (including the occupant or manager; the same shall apply in this Article hereafter) of land or the establisher or relative of a cemetery, which contains a grave falling under any of the following subparagraphs, may rebury any body or remains buried in such grave with permission of the head of the competent Si, etc., as prescribed by Ordinance of the Ministry of Health and Welfare: |
| 1. |
A grave established on such land without the consent of the land owner; |
| 2. |
A grave which is established in such cemetery without the consent of the establisher or relative of the cemetery. |
| (2) |
The owner of land or the establisher or relative of a cemetery, who intends to make a reburial under paragraph (1), shall give notice thereof to the establisher or relative of the grave concerned, at least three months in advance: Provided, That if the relative of the grave is unknown, he/she shall make public announcement of such reburial. |
| (3) |
No relative of a grave, which falls under any subparagraph of paragraph (1), may claim the right to use the grave site or to preserve the grave against the land owner or the establisher or relative of the cemetery concerned. |
| (4) |
No person or relative who has performed a natural burial within another person''s land or natural burial ground without the consent of the owner or developer of such land or natural burial ground may claim the right to use or preserve the natural burial site against the owner or developer of such land or natural burial ground. |
| (5) |
Necessary matters regarding the notice and public announcement under paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
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| Article 28 (Disposition of Unclaimed Graves) |
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| (1) |
The Mayor/Do Governor or the head of a Si/Gun/Gu may cremate and temporarily inurn any body or remains buried in a grave, no relative for which is found (hereinafter referred to as "unclaimed grave") as a result of a general survey conducted under Article 11. |
| (2) |
The Mayor/Do Governor or the head of a Si/Gun/Gu, who intends to take the measure under paragraph (1), shall make prior public announcement thereof, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) |
The Mayor/Do Governor or the head of a Si/Gun/Gu shall, upon request of a relative to identify the remains inurned under paragraph (1), comply therewith. |
| (4) |
With respect to the inurnment under paragraph (1), Article 12 (3) shall apply mutatis mutandis. |
CHAPTER Ⅴ FUNERAL HOME BUSINESS
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| Article 29 (Funeral Home Business) |
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| (1) |
The head of a Si/Gun/Gu shall keep and manage materials relating to the current state of business registration of those who carry on the business of providing places where funeral services are held (hereinafter referred to as "funeral homes") within his/her jurisdictional area (hereinafter referred to as "funeral home business operators"). |
| (2) |
A funeral home business operator, who keeps dead bodies in his/her funeral home, shall manage such bodies in a sanitary manner, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) |
A funeral home business operator shall post in a place conspicuous to users a price list indicating the rental fees and other service fees of the funeral home and the prices of funeral supplies by item. In such cases, the rental fees shall be calculated by making one day the time from noon until the next noon. |
| (4) |
No funeral home business operator shall collect any money or goods, other than the rental fees, service fees and prices of funeral supplies by items posted pursuant to paragraph (3). |
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| Article 29-2 (Funeral Directors) |
|
| (1) |
The Mayor/Do Governor may qualify any person who has expertise in and techniques of the sanitary management of human corpses and funeral services, as a funeral director. |
| (2) |
Any person who intends to be a funeral director shall complete a course of study at an educational institution for funeral directors under Article 29 (3). |
| (3) |
The Mayor/Do Governor shall grant official approval for qualification as a funeral director without examination and issue a certificate to any person who has completed a course of study for funeral directors pursuant to paragraph (2). |
| (4) |
Matters necessary for criteria for official approval for qualification, a course of study and the issuance of a certificate of funeral director shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| (5) |
The Mayor/Do Governor may require those who intend to obtain or re-obtain a certificate of funeral director pursuant to paragraph (3) pay fees, as prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 11008, Aug. 4, 2011]
law view
| Article 29-3 (Establishment of Educational Institution for Funeral Directors) |
|
| (1) |
Any person who intends to establish an institution that educates persons for funeral directors shall meet criteria prescribed by Ordinance of the Ministry of Health and Welfare and report it to the Mayor/Do Governor. |
| (2) |
Matters necessary for procedures for reporting an educational institution for funeral directors shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 11008, Aug. 4, 2011]
law view
| Article 29-4 (Grounds for Disqualification as Funeral Directors) |
|
No person who falls under any of the following shall be a funeral director:
| 1. |
An incompetent and a quasi-incompetent; |
| 2. |
A mental patient under subparagraph 1 of Article 3 of the Mental Health Act: Provided, That this shall not apply to a person whom a psychiatrist deems eligible to be a funeral director; |
| 3. |
A narcotic, hemp or psychotropic drug addict; |
| 4. |
A person sentenced to imprisonment without labor or heavier punishment, in whose case the execution of such punishment is not completed or the execution thereof has not been exempted. |
[This Article Newly Inserted by Act No. 11008, Aug. 4, 2011]
law view
| Article 29-5 (Revocation of Qualification of Funeral Director, etc.) |
|
| (1) |
Where a funeral director falls under any of the following, the Mayor/Do Governor may revoke his/her qualification or order the suspension of qualification for a period not exceeding six months: Provided, That where the funeral director falls under subparagraph 1 or 2, the Mayor/Do Governor shall revoke his/her qualification: |
| 1. |
Where he/she has obtained a certificate by deceptive or other unlawful means; |
| 2. |
Where he/she has fallen under any of the subparagraphs of Article 29-4; |
| 3. |
Where he/she has lent his/her certificate of funeral director; |
| (2) |
The criteria for the revocation and suspension of qualification under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 11008, Aug. 4, 2011]
law view
| Article 29-6 (Hearings) |
|
Where the Mayor/Do
Governor intends to order the revocation or suspension of qualification pursuant to Article 29-5 (1), he/she shall hold a hearing.
[This Article Newly Inserted by Act No. 11008, Aug. 4, 2011]
CHAPTER Ⅵ ORDERS FOR MAINTENANCE, RESTRICTION OF USE, IMPROVEMENT, ETC. OF FUNERAL SERVICE ESTABLISHMENTS
law view
| Article 30 (Orders for Maintenance, Restriction of Use of Funeral Service Establishments, etc.) |
|
The Mayor/Do Governor or the head of a Si/Gun/Gu may order any establisher, developer or manager of any funeral service establishment falling under any of the following subparagraphs to maintain or improve such establishment to ensure the safety thereof or may restrict the use of all or some of such establishment:
| 1. |
Where such establishment causes or is likely to cause any hazard to public health and hygiene through transmission, etc. of any infectious disease; |
| 2. |
Where such establishment causes or is likely to cause damage to neighboring areas due to a landslide, ground collapse, etc. caused by a storm, flood or other disaster. |
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| Article 31 (Disposition against Establisher, etc. of Private Cemetery) |
|
The head of a Si, etc. may order any relative, establisher or developer of any private cemetery, private crematory facility, private charnel facility or private natural burial ground to relocate, improve, close down, or prohibit the use of all or some of, such cemetery, charnel facility or natural burial ground or to suspend his/her business for a fixed period of not more than six months, or even may revoke permission for his/her business, as prescribed by Ordinance of the Ministry of Health and Welfare, if such relative, establisher or developer falls under any of the following subparagraphs:
| 1. |
Where he/she has established a private cemetery in violation of Article 14 (3) or (6), 17 or 18; |
| 2. |
Where he/she has established a private crematory facility or private charnel facility in violation of Article 15 or 17; |
| 3. |
Where he/she has developed a natural burial ground in violation of Article 16 or 17; |
| 4. |
Where he/she has violated Article 24 by failing to file a report or post a price list, or by collecting any money or goods contrary to the prices posted; |
| 5. |
Where he/she has violated Article 25 by failing to reserve management funds. |
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| Article 32 (Corrective Order, etc. to Funeral Home Business Operator) |
|
| (1) |
The head of a Si, etc. may order a funeral home business operator to take corrective measures within a fixed period, as prescribed by Ordinance of the Ministry of Health and Welfare, if such funeral home business operator falls under any of the following subparagraphs: |
| 1. |
Where he/she has violated Article 29 (2) by failing to manage dead bodies in a sanitary manner; |
| 2. |
Where he/she has violated Article 29 (3) or (4) by failing to post a price list or by collecting any money or goods other than the prices posted. |
| (2) |
If a funeral home business operator fails to comply with a corrective order issued under paragraph (1) within the fixed period, the head of the competent Si, etc. may order such funeral home business operator to suspend his/her business for a fixed period of not more than six months, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) |
If a funeral home business operator continues to run his/her business during the period of business suspension under paragraph (2), the head of the competent Si, etc. may order such funeral home business operator to close down his/her funeral home. |
law view
| Article 33 (Hearings) |
|
The head of a Si
, etc. shall hold a hearing if he/she intends to revoke permission or to order the closedown of a facility or funeral home under Article 31 or 32.
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| Article 34 (Special Cases concerning Cemeteries, etc. of Historical Importance) |
|
| (1) |
The Minister of Health and Welfare or the Mayor/Do Governor may, after deliberation by the Committee on Examination of Cemetery Preserves, designate any of the following cemeteries or graves as a cemetery or grave requiring preservation: <Amended by Act No. 10741, May 30, 2011> |
| 1. |
Cemetery or grave of historical or cultural importance; |
| 2. |
Cemetery or grave which serves to arouse patriotism; |
| 3. |
Cemetery or grave of a deceased person whose memory is cherished by citizens through the National Funeral, the Public Funeral, etc. |
| (2) |
With respect to cemeteries or graves designated pursuant to paragraph (1), Articles 18 and 19 shall not apply. |
| (3) |
Even if a cemetery or grave designated pursuant to paragraph (1) is subject to relocation or reburial, it shall not affect such designation to the extent that the purpose of the designation still stands. |
| (4) |
Matters necessary for the organization and operation of the Committee on Examination of Cemetery Preserves, the standards and procedures for designation, the management of cemeteries or graves requiring preservation, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
law view
| Article 35 (Imposition of Penalty Surcharges) |
|
| (1) |
With respect to any disposition to be taken against any establisher and developer of any corporate cemetery, private crematory facility, private charnel facility or private natural burial ground or any funeral home business operator pursuant to Article 31 or 32, if such disposition is likely to cause serious inconvenience to the users, or otherwise seriously undermine public interests, the head of the competent Si, etc. may impose a penalty surcharge not exceeding 30 million won in lieu of such disposition. |
| (2) |
The amount of the penalty surcharge in accordance with the type and level of offense on which the penalty surcharge is imposed under paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree. |
| (3) |
If a person liable to pay a penalty surcharge under paragraph (1) fails to pay such surcharge by the payment deadline, the head of the competent Si, etc. shall collect it in the same manner as delinquent local taxes. |
law view
| Article 36 (Reimbursement of Expenses) |
|
| (1) |
The State may reimburse expenses incurred in establishing, developing and managing public cemeteries, public crematory facilities, public charnel facilities or public natural burial grounds. |
| (2) |
The State or local governments may, within budgetary limits, reimburse expenses incurred by those who conduct research, study, etc. on the dissemination of cremation, inurnment and natural burial, the reduction of cemetery areas and the improvement of funeral culture. |
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| Article 37 (Inspection and Report) |
|
| (1) |
The head of a Si, etc. may, if deemed necessary, direct related public officials to access a corporate cemetery, private crematory facility, private charnel facility, private natural burial ground or funeral home to inspect documents or other things or may order the establisher or developer of a corporate cemetery, private crematory facility, private charnel facility or private natural burial ground or a funeral home business operator to report thereon as necessary. |
| (2) |
Public officials accessing a corporate cemetery, etc. under paragraph (1) shall carry their certificates of authority and present them to interested persons. |
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| Article 38 (Delegation and Entrustment of Authority) |
|
| (1) |
The Mayor/Do Governor may delegate all or some of his/her authority under this Act to the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (2) |
The Commissioner of the Korea Forest Service or the head of any other central administrative agency may entrust all or some of his/her work of development and management of woodland burial grounds or other natural burial grounds under Article 13 (3) to any public corporations or other non-profit corporations designated by the said Commissioner or head, as prescribed by Presidential Decree. |
CHAPTER Ⅶ PENAL PROVISIONS
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| Article 39 (Penalty Provisions) |
|
A person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding ten million won:
| 1. |
A person who has established a family cemetery, a clan cemetery or a corporate cemetery without obtaining permission or permission for alteration under Article 14 (3); |
| 2. |
A person who has established or developed a cemetery, a crematory facility, a charnel facility or a natural burial ground within a prohibited area, in violation of Article 17; |
| 3. |
A person who has failed to comply with an order to maintain, improve or restrict the use of a funeral service establishment, etc. under Article 30. |
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| Article 40 (Penalty Provisions) |
|
A person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won: <Amended by Act No. 11253, Feb. 1, 2012>
| 1. |
A person who performs a burial or cremation before twenty-four hours have elapsed from the time of death or stillbirth, in violation of Article 6; |
| 2. |
A person who performs a burial in an area other than a cemetery or conducts cremation at a facility or place other than a crematory facility, in violation of Article 7; |
| 3. |
A person who performs a burial, cremation, natural burial or reburial in violation of the methods and standards set forth in Articles 9 (2) and 10; |
| 4. |
A person who develops a natural burial ground for a corporation, etc. without obtaining permission or permission for change under Article 16 (4); |
| 5. |
A person who establishes a grave, cemetery, or memorial facility in violation of the standards for size or establishment of facilities under Article 18; |
| 6. |
A person who, in spite of the expiration of the duration of a grave, fails to remove a facility installed at such grave or to cremate or inurn the remains buried therein, in violation of Article 20 (1); |
| 7. |
A person who sells, transfers, leases or enters into a contract for use of a cemetery lot in violation of Article 21; |
| 8. |
A person who makes a reburial without obtaining permission in violation of Article 27 (1); |
| 9. |
A person who fails to comply with an order to relocate, improve, close down or prohibit the use of a cemetery, charnel facility or natural burial ground, or to suspend his/her business, under Article 31; |
| 10. |
A person who fails to comply with an order to close down his/her funeral home under Article 32 (3). |
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| Article 41 (Joint Penalty Provisions) |
|
| (1) |
Where a representative, an agent, a servant or other employee of a juristic person commits such an offence as prescribed by Article 39 or 40 with respect to the affairs of such juristic person, not only shall such an offender be punished accordingly, but the juristic person shall be punished by a fine provided for in the said Article. |
| (2) |
Where an agent, a servant or other employee of an individual commits such an offence as prescribed by Article 39 or 40 with respect to the affairs of such individual, not only shall such an offender be punished accordingly, but the individual shall be punished by a fine provided for in the said Article. |
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| Article 42 (Administrative Fines) |
|
| (1) |
A person who falls under any of the following subparagraphs shall be subject to an administrative fine not exceeding three million won: <Amended by Act No. 11253, Feb. 1, 2012> |
| 1. |
A person who fails to report under Article 8 (1) through (4); |
| 2. |
A person who embalms a corpse in violation of the standards under Article 9 (1); |
| 3. |
A person who fails to report or report on alteration under Article 14 (2); |
| 4. |
A person who fails to report or report on alteration under Article 15 (1); |
| 5. |
A constructor who establishes a charnel facility for which a report or a report on alteration under Article 15 (1) has not been filed; |
| 6. |
A person who fails to report or report on alteration under Article 16 (2) and (3); |
| 7. |
An establisher of a private cemetery who takes a measure under Article 20 (2) without giving notice or making a public announcement under paragraph (3) of the said Article; |
| 8. |
A person who fails to post a price list, or collects any money or goods other than pursuant to the posted prices, in violation of Article 24 (2) or (3); |
| 10. |
A person who performs a reburial without giving notice or making a public announcement under Article 27 (2); |
| 11. |
A person who fails to comply with the duty to manage dead bodies in a sanitary manner, in violation of Article 29 (2); |
| 12. |
A person who calculates a rental fee, fails to post a price list, or collects any money or goods other than pursuant to the calculated or posted prices, in violation of Article 29 (3) or (4); |
| 13. |
A person who refuses, interferes with or evades an inspection conducted by a related public official as prescribed by Article 37 (1), fails to report as necessary, or reports falsely. |
| (2) |
Administrative fines imposed under paragraph (1) shall be imposed and collected by the Mayor/Do Governor or the head of a Si/Gun/Gu (hereinafter referred to as "imposing authority"), as prescribed by Presidential Decree. |
| (3) |
A person who disagrees with the imposition of an administrative fine under paragraph (2) may raise an objection with the relevant imposing authority within 30 days from the date on which the notice of imposition is received. |
| (4) |
Where a person subject to the imposition of an administrative fine under paragraph (2) raises an objection pursuant to paragraph (3), the imposing authority shall promptly notify the competent court, which, in turn, shall proceed to a trial on the administrative fine pursuant to the Non-Contentious Case Procedure Act. |
| (5) |
If neither an objection is raised nor the administrative fine paid within the period under paragraph (3), the administrative fine in question shall be collected in the same manner as delinquent local taxes. |
law view
| Article 43 (Charge for Compelling Compliance) |
|
| (1) |
The head of a Si, etc. shall impose a charge for compelling compliance amounting to five million won, on a person who falls under any of the following subparagraphs: |
| 1. |
A person who has established or developed a cemetery, crematory facility, charnel facility or natural burial ground in violation of Article 17 or 18; |
| 2. |
A person who has failed to cremate or inurn the remains buried in a grave the duration of which has expired, in violation of Article 20 (1); |
| 3. |
A relative of a cemetery, charnel facility or natural burial ground who has failed to comply with an order to relocate or improve such cemetery, charnel facility or natural burial ground under Article 31. |
| (2) |
The head of a Si, etc. shall, in imposing a charge for compelling compliance under paragraph (1), give prior written notice of the imposition and collection of such charge. |
| (3) |
The head of a Si, etc. shall, in imposing a charge for compelling compliance under paragraph (1), give written notice thereof, specifying the amount, cause for imposition and period of payment of such charge, the receiving agencies, the methods of raising an objection, the agency with which an objection is to be raised, etc. |
| (4) |
The head of a Si, etc. may impose and collect a charge for compelling compliance under paragraph (1) up to two times a year, based on the date the order of relocation or improvement is initially issued, until such order is complied with. |
| (5) |
If a person against whom an order of relocation or improvement under Article 31 is issued carries out such order, the head of the competent Si, etc. shall immediately suspend the imposition of an additional charge for compelling compliance, but collect a charge for compelling compliance already imposed. |
| (6) |
If a person subject to the disposition of imposition of a charge for compelling compliance under paragraph (1) fails to pay such charge by the payment deadline, the head of the competent Si, etc. shall collect it in the same manner as delinquent local taxes. <Amended by Act No. 9030, Mar. 28, 2008> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability)
| (1) |
The amended provisions of Article 18 (3) and (4) shall apply to any charnel grave or charnel monument which is established on or after this Act enters into force. |
Article 3 (Transitional Measures concerning Cemeteries, etc.)
Any cemetery, crematory and charnel house which are established pursuant to the previous provisions or other Acts and subordinate statutes as of January 13, 2001 on which the amended Burial and Graveyard, etc. Act, Act No. 6158, enters into force shall be deemed the cemetery, crematory facility and charnel facility established under this Act.
Article 4 (Transitional Measures concerning Charnel Facilities, etc.)
Any charnel grave, charnel house, charnel monument and other charnel facility, and any crematory, under construction or constructed pursuant to the former provisions as at the time this Act enters into force shall be deemed the charnel grave, charnel house, charnel monument and other charnel facility, and the crematory facility, which are under construction or constructed pursuant to this Act.
Article 5 (Transitional Measures concerning Religious Organizations which have Established or are Operating Private Charnel Facilities)
Any private charnel facility which is established or being established by a religious organization pursuant to the previous provisions at the time this Act enters into force shall be governed by the former provisions, notwithstanding the amended provisions of the proviso to Article 15 (3).
Article 6 (Transitional Measures concerning Permission for or Report on Development of Natural Burial Grounds)
A person who has developed or is developing a natural burial ground pursuant to this Act within a cemetery area permitted at the time this Act enters into force shall report on or obtain permission for such natural burial ground pursuant to the amended provisions of Article 16 within six months from the date this Act enters into force.
Article 7 (Transitional Measures concerning Restriction on Establishment of Cemeteries, etc.)
| (1) |
With respect to any charnel facility which is under construction as of April 20, 2002 on which the amended Act on Funeral Services, etc., Act No. 6615, enters into force, Article 15 of the former Act on Funeral Services, etc., in force as at the time the said Act is amended by Act No. 6615, shall apply, notwithstanding the amended provisions of Article 17. |
| (2) |
With respect to any charnel facility which is constructed or under construction pursuant to the former provisions as at the time this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of subparagraph 2 of Article 17. |
Article 8 (General Transitional Measures concerning Disposition, etc.)
Any act done by or in relation to an administrative agency under the previous provisions as at the time this Act enters into force shall be deemed the act done by or in relation to an administrative agency corresponding thereto under this Act.
Article 9 (Transitional Measures concerning Penalties or Administrative Fines)
The previous provisions shall prevail in the application of any penalty or administrative fine to any act committed before this Act enters into force.
Article 10 Omitted.
Article 11 (Relationship to other Statutes)
A citation of the Act on Funeral Services, etc. or any provision thereof by any other statute in force as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provision hereof in lieu of the former provision, if such a corresponding provision exists in this Act.
ADDENDA <Act No. 9030, Mar. 28, 2008>
| (1) |
(Enforcement Date) This Act shall enter into force on May 26, 2008. |
| (2) |
(Transitional Measures concerning Charges for Compelling Compliance) With respect to dissatisfaction with a charge for compelling compliance imposed before this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 43. |
ADDENDA <Act No. 9847, Dec. 29, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10741, May 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11008, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Special Cases on Acquisition of Qualification for Funeral Director)
| (1) |
Notwithstanding Article 29-2 (3), the Mayor/Do Governor may issue a certificate of funeral director to any person who meets the requirements prescribed by Ordinance of Ministry of Health and Welfare, who is experienced in providing funeral services, including the washing and shrouding of human corpses, as at the time this Act enters into force. |
| (2) |
Any person who intends to obtain a certificate of funeral director pursuant to paragraph (1) shall file an application with the Mayor/Do Governor within two years after this Act enters into force. |
ADDENDUM <Act No. 11253, Feb. 1, 2012>
This Act shall enter into force six months after the date of its promulgation: Provided
, That the amended provisions of Article 23-2 shall enter into force one year after the date of its promulgation.
