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ACT ON FUNERAL SERVICES, ETC.

Wholly Amended by Act No. 8489, May 25, 2007

Amended by Act No. 9030, Mar. 28, 2008

Act No. 9847, Dec. 29, 2009

Act No. 10331, May 31, 2010

Act No. 10741, May 30, 2011

Act No. 11008, Aug. 4, 2011

Act No. 11253, Feb. 1, 2012

Act No. 11998, Aug. 6, 2013

Act No. 13108, Jan. 28, 2015

Act No. 13660, Dec. 29, 2015

Act No. 15269, Dec. 19, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to preventing risks 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 to installing, developing, managing, etc. funeral service establishments.
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 13108, Jan. 28, 2015; Act No. 13660, Dec. 29, 2015>
1. The term "burial" means the burial of a dead body (including dead fetuses conceived for not less than four months; the same shall apply hereinafter) or its remains, in the ground, performed as part of a funeral service;
2. The term "cremation" means burning a dead body or its remains, which is performed as part of a funeral service;
3. The term "natural burial" means burying bone dust remaining after cremating human remains under or around a tree, flowering plant, grass, etc., which is performed as part of a funeral service;
4. The term "reburial" means moving any buried dead body 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 dead body 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 (including subsidiary facilities prescribed by Presidential Decree) of dead bodies or their remains;
9. The term "charnel facility" means any of the following facilities for placing (excluding burying) human remains:
(a) Charnel graves in the form of a grave;
(b) Charnel houses corresponding to architecture referred to in Article 2 (1) 2 of the Building Act;
(c) Charnel pagodas in the form of a pagoda;
(d) Charnel walls in the form of a wall;
10. through 12. Deleted; <by Act No. 13108, Jan. 28, 2015>
13. The term "natural burial ground" means any area in which natural burials may be conducted;
14. The term "woodland burial ground" means any natural burial ground created in a forest area under subparagraph 1 of Article 2 of the Creation and Management of Forest Resources Act;
15. The term "funeral service establishment" means any cemetery, crematory facility, charnel facility and natural burial ground and any funeral home under Articles 28-2 and 29;
16. The term "relative" means a person who is in any of the following relationships with the dead, and shall exercise his/her rights and duties in the following order: Provided, That where at least two children or lineal descendants are in the same order of priority, the closest and most senior relative shall have priority:
(a) Spouse;
(b) Children;
(c) Parents;
(d) Lineal descendants, except children;
(e) Lineal ascendants, except parents;
(f) Brothers and sisters;
(g) Heads of administrative agencies or treatment and protection institutions prescribed by Presidential Decree among heads of administrative agencies or treatment and protection institutions who have treated, protected or taken custody of the deceased prior to his/her death;
(h) Persons who actually take custody of dead bodies or human remains among persons not falling under any of items (a) through (g).
 Article 3 (Non-Application to Funeral Service Establishments Established and Managed by State)
This Act shall not apply to funeral service establishments (excluding natural burial grounds) established and managed by the State. <Amended by Act No. 13108, Jan. 28, 2015>
 Article 4 (Duties of State and Local Governments)
(1) The State and local governments shall devise and implement policy to encourage cremation, inurnment and natural burials and prevent the building of illegal graves so as to prevent any damage to national land resulting from an increase in cemeteries. <Amended by Act No. 13660, Dec. 29, 2015>
(2) Local governments shall have crematorial facilities to meet the demand of local residents for cremation.
 Article 5 (Establishment of Supply-Demand Program for Cemeteries, etc.)
(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) Every Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") and the head of each Si/Gun/Gu (referring to each autonomous Gu; hereinafter the same shall apply) shall formulate a regional supply plan for cemeteries, crematory facilities, charnel facilities and natural burial grounds within their jurisdictional areas in accordance with the comprehensive program under paragraph (1). <Amended by Act No. 13108, Jan. 28, 2015>
(3) If deemed necessary in light of the local peculiarities, the Mayor/Do Governor or the head of a Si/Gun/Gu may formulate all or some of a regional supply plan referred to in paragraph (2) jointly with any other Mayor/Do Governor or head of a Si/Gun/Gu. <Amended by Act No. 13108, Jan. 28, 2015>
(4) The head of a Si/Gun/Gu shall report a regional supply plan formulated 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. <Amended by Act No. 13108, Jan. 28, 2015>
(5) The Minister of Health and Welfare shall finalize a regional supply plan reported under paragraph (4), following consultation with the head of the relevant central administrative agency about the details of such program which require, among regions, coordinating the supply and demand and joint establishment of, and mediation of conflicts over, funeral service establishments. <Amended by Act No. 13108, Jan. 28, 2015>
(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
 Article 6 (Temporal Restriction of Burial and Cremation)
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 expressly 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. <Amended by Act No. 13108, Jan. 28, 2015>
 Article 7 (Place of Burial and Cremation)
(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.
 Article 8 (Report on Burial, Cremation or Reburial)
(1) A person who has conducted a burial shall file a report thereon with the Special Self-Governing City Mayor, Special Self-Governing Province Governor, 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. <Amended by Act No. 13108, Jan. 28, 2015>
(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 dead body or remains, according to the following classifications: <Amended by Act No. 13108, Jan. 28, 2015>
1. In cases of relocating to another grave or cremate any buried dead body or remains: Existing site and reburial site of such dead body or remains;
2. In cases of making the inurnment or natural burial of any buried dead body or remains: Existing site of such dead body 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, developed or managed such public cemetery, public crematory facility, public charnel facility or public natural burial ground.
(5) Upon receipt of any report under paragraphs (1) through (4), the Mayor/Do Governor or the head of a Si/Gun/Gu shall 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.
 Article 9 (Methods, etc. of Burial, Cremation and Reburial)
(1) A person who intends to bury a dead body shall, in embalming such body, do so sanitarily in accordance with the standards prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13108, Jan. 28, 2015>
(2) A person who intends to conduct a burial, cremation or reburial shall do so without causing 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. <Amended by Act No. 13108, Jan. 28, 2015>
 Article 10 (Methods of Natural Burial)
(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.
(3) Necessary matters regarding the methods of burial, the standards for respectables, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
 Article 11 (General Survey of Cemeteries)
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, the Minister of Health and Welfare, the Mayor/Do Governor or the head of a Si/Gun/Gu may conduct a general survey of graves, setting a fixed period and specific areas for such survey.
 Article 12 (Disposition of Unclaimed Dead Bodies, etc.)
(1) The head of a Si, etc. shall temporarily bury, or cremate and inurn, any dead body 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 expressly provides otherwise. <Amended by Act No. 13108, Jan. 28, 2015>
(2) The head of a Si, etc., who has disposed of any unclaimed dead body, etc. under paragraph (1), shall publicly announce the same without delay, and store the details of the public announcement for the period prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13108, Jan. 28, 2015>
(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
 Article 13 (Establishment of Public Cemeteries, etc.)
(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 partially or fully establish, develop and manage 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. <Amended by Act No. 13108, Jan. 28, 2015>
(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) Any person who intends to install, develop or manage a public cemetery, public crematory facility, pubic charnel facility, or public natural burial ground referred to in paragraph (1), and natural burial ground referred to in paragraph (3), such as a woodland burial ground, shall post and register a price list in accordance with Article 24 (2), and shall not conduct the acts referred to in the subparagraphs of paragraph (3) of the same Article. <Newly Inserted by Act No. 13660, Dec. 29, 2015>
(6) Any person who installs, develops, or manages a funeral service establishment provided for in paragraph (5) shall make and store records on the conditions of the cemetery, grave, cremation, inurnment, or natural burial according to the methods and procedures, etc. prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13660, Dec. 29, 2015>
(7) Necessary matters regarding the standards for establishment of public cemeteries, public crematory facilities and public charnel facilities, the standards for developing woodland burial grounds and other natural burial grounds, etc., under paragraphs (1) through (3) shall be prescribed by Presidential Decree. <Amended by Act No. 13660, Dec. 29, 2015>
 Article 13 (Establishment of Public Cemeteries, etc.)
(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 establish, develop and manage all or part 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 a Si/Gun/Gu. <Amended by Act No. 13108, Jan. 28, 2015>
(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) Any person who intends to install, develop or manage a public cemetery, public crematory facility, pubic charnel facility, or public natural burial ground under paragraph (1), and natural burial ground such as a woodland burial ground under paragraph (3), shall post and register a price list, and issue specifications of transaction in accordance with Article 24 (2) and (4), and shall not conduct the acts referred to in the subparagraphs of paragraph (3) of the same Article. <Newly Inserted by Act No. 13660, Dec. 29, 2015; Act No. 15269, Dec. 19, 2017>
(6) Any person who installs, develops, or manages a funeral service establishment provided for in paragraph (5) shall make and store records on the conditions of the cemetery, grave, cremation, inurnment, or natural burial according to the methods and procedures, etc. prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13660, Dec. 29, 2015>
(7) Matters necessary for the standards for establishment of public cemeteries, public crematory facilities and public charnel facilities, the standards for developing woodland burial grounds and other natural burial grounds, etc., under paragraphs (1) through (3) shall be prescribed by Presidential Decree. <Amended by Act No. 13660, Dec. 29, 2015>
<<Enforcement Date: Jun. 20, 2018>>
 Article 14 (Establishment, etc. of Private Cemeteries)
(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, graves of only 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 change any such matter, among those so permitted, as prescribed by Presidential Decree.
(4) The head of a Si, etc. may grant permission to establish and manage a corporate cemetery only to a foundation incorporated under the Civil Act for the purposes of establishing and managing cemeteries.
(5) Where the head of a Si, etc. has granted permission for the establishment and management of any family cemetery, or clan cemetery under paragraph (3), the permission for or report on mountainous district conversion under Articles 14 and 15 of the Mountainous Districts Management Act, permission for or report on the temporary use of a mountainous district under Article 15-2 of the same Act, and permission for or report on the cutting, etc. of standing timber under Article 36 (1) and (4) of the Creation and Management of Forest Resources Act shall be deemed granted or made: Provided, That this shall not apply with respect to any cemetery with an area of at least the size prescribed by Presidential Decree. <Amended by Act No. 10331, May 31, 2010; Act No. 13660, Dec. 29, 2015>
(6) Where a head of a Si, etc. grants permission to build or manage a family cemetery or clan cemetery, if it includes matters concerning permission for or reporting on mountainous district conversion, permission for or reporting on the temporary use of a mountainous district, or permission for or reporting on cutting, etc. of standing timber, which are provided for in paragraph (5), he/she shall pre-consult with the heads of the relevant administrative agencies. <Newly Inserted by Act No. 13660, Dec. 29, 2015>
(7) Any person who builds or manages a corporate cemetery shall make and store records on the conditions of the cemetery or grave, pursuant to methods and procedures, etc. prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13660, Dec. 29, 2015>
(8) Necessary matters regarding the standards, etc. for establishing private cemeteries, including the permissible size, types of grave and location, shall be prescribed by Presidential Decree. <Amended by Act No. 13660, Dec. 29, 2015>
 Article 15 (Establishment of Private Crematory Facilities, etc.)
(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 he/she intends to change any reported matters specified 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 at least 500 cinerary urns shall establish an incorporated foundation to take charge of establishing and managing 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 former blood or marital relatives or family members of a clan pursuant to the Civil Act.
(4) Any person who establishes and manages a private crematory facility or private charnel facility shall make and store records on the conditions of cremation or inurnment, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13108, Jan. 28, 2015>
(5) 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. <Amended by Act No. 13108, Jan. 28, 2015>
 Article 16 (Development, etc. of Natural Burial Grounds)
(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 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 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 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. <Amended by Act No. 13660, Dec. 29, 2015>
(3) Any person who intends to develop a natural burial ground for a family or 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 to any changed matter prescribed by Presidential Decree, from among the matters he/she has reported. <Newly Inserted by Act No. 11253, Feb. 1, 2012; Act No. 13660, Dec. 29, 2015>
(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 any of the following persons: <Amended by Act No. 11253, Feb. 1, 2012>
1. A foundation incorporated 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) Any person who develops and manages a private natural burial ground shall make and store records on the conditions of the natural ground, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13108, Jan. 28, 2015>
(7) 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 conveniences. <Amended by Act No. 11253, Feb. 1, 2012; Act No. 13108, Jan. 28, 2015>
(8) 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 (7), shall be prescribed by Presidential Decree. <Amended by Act No. 11253, Feb. 1, 2012; Act No. 13108, Jan. 28, 2015>
(9) Where a head of a Si, etc. has accepted a report on establishment of a woodland burial ground for a family or clan, a report on the temporary use of a mountainous district referred to in Article 15-2 of the Mountainous Districts Management Act, and a report on the cutting, etc. of standing timber referred to in Article 36 of the Creation and Management of Forest Resources Act, shall be deemed filed: Provided, That the same shall not apply to woodland burial grounds exceeding the size prescribed by Presidential Decree. <Newly Inserted by Act No. 13660, Dec. 29, 2015>
(10) Article 14 (6) shall apply mutatis mutandis to where a report on the temporary use of a mountainous district and a report on the cutting, etc. of standing timber are deemed filed under paragraph (9). <Newly Inserted by Act No. 13660, Dec. 29, 2015>
 Article 17 (Restriction on Establishment of Cemeteries, etc.)
No cemetery, crematory facility, charnel facility or natural burial ground shall be established or developed within any of the following areas: <Amended by Act No. 13108, Jan. 28, 2015>
1. An area prescribed by Presidential Decree among the green areas referred to in Article 36 (1) 1 (d) of the National Land Planning and Utilization Act;
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 to 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 protection zone referred to in Articles 27 and 70 (3) 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.
 Article 18 (Occupied Area, etc. of Grave, etc.)
(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 ten 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) Among charnel facilities, one charnel grave shall not exceed 70 centimeters in height, and two square meters in area.
(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.
 Article 19 (Duration of Graves)
(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 30 years. <Amended by Act No. 13660, Dec. 29, 2015>
(2) At the expiration of the duration of a grave under paragraph (1), if the relevant relative 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 only once to 30 years. <Amended by Act No. 13660, Dec. 29, 2015>
(3) In computing the duration of a grave under paragraphs (1) and (2), if at least two bodies are buried there together, the said period shall be counted from the date they are buried together.
(4) Notwithstanding the provisions of paragraph (2), if deemed necessary for the supply-demand adjustment of cemeteries within his/her jurisdictional area, the Mayor/Do Governor or the head of a Si/Gun/Gu may reduce the duration of graves extended under paragraph (2) to at least five and shorter than 30 years, as prescribed by Municipal Ordinance. <Amended by Act No. 13660, Dec. 29, 2015>
(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.
 Article 20 (Disposition of Graves Duration of Which has Expired)
(1) At the expiration of the duration of a grave under Article 19, the relevant relative 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) If a relative fails to perform removal, cremation and inurnment required under paragraph (1), the establisher of a public or private cemetery may 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 prior notice thereof to the relative of the relevant grave, setting a specific period for such measure: Provided, That where 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.
 Article 21 (Prohibition of Prior Trading, etc. of Cemetery Lots)
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 contracting to use 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 at least 70 requests sale, etc. of such lot for the purpose of his/her own use or otherwise in cases prescribed by Presidential Decree.
 Article 22 (Preparing and Managing Cemetery Register)
(1) The head of a Si, etc. shall prepare and manage a cemetery register regarding the current state of cemeteries located in his/her jurisdiction, 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 in extenuating circumstances.
 Article 23 (Imposition of Fees and Charges for Using and Managing Public Cemeteries, etc.)
(1) Ordinance of a relevant local government shall prescribe the amount of fees and charges, methods of imposing them, use of such fees and charges, and other necessary matters regarding such fees and charges imposed on users of a public cemetery, public crematory facility, public charnel facility or public natural burial ground, imposed by the head of a local government. In such cases, the amount of such fees and charges shall be determined based upon 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 pre-determine 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.
 Article 23-2 (Special Cases on Fees for Use of Public Crematorial Facility)
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 using the public crematorial facility: <Amended by Act No. 13660, Dec. 29, 2015>
1. A recipient of livelihood benefits referred to in Article 7 (1) 1 of the National Basic Living Security Act or a recipient of medical benefits referred to in subparagraph 3 of the same paragraph;
2. A victim or contributor under the Framework Act on Veterans Affairs.
[This Article Newly Inserted by Act No. 11253, Feb. 1, 2012]
 Article 24 (Report on Fees and Charges for Use and Management of Corporate Cemeteries, etc.)
(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 changing 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 all the following matters, and register the price list with the funeral service information system referred to in Article 33-2 (1): <Amended by Act No. 13108, Jan. 28, 2015; Act No. 13660, Dec. 29, 2015>
1. Matters concerning fees and charges for the use and management reported under paragraph (1);
2. Matters concerning prices for each item, of facilities and funeral supplies, including memorial appendages as stone offertory tables and tombstones;
3. Matters concerning the redemption of the fees and charges for use and management referred to in subparagraph 1, such as standards and methods of redemption.
(3) No person who establishes, develops or manages any corporate cemetery, private crematory facility, private charnel facility or private natural burial ground, shall engage in any of the following conduct: <Amended by Act No. 13108, Jan. 28, 2015>
1. Collecting any money or goods other than the fees and charges for use and management and prices of facilities and funeral supplies, posted under paragraph (2) 1 and 2;
2. Coercing anyone into purchasing or using facilities or funeral supplies.
(4) Matters necessary for the scope of the fees and charges for use and management, the methods of posting price lists, etc., referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13108, Jan. 28, 2015>
 Article 24 (Report, etc. on Fees and Charges for Use and Management of Corporate Cemeteries, etc.)
(1) A person who installs, 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 changing such reported matters.
(2) A person who installs, 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 all the following matters, and register the price list with the funeral service information system referred to in Article 33-2 (1): <Amended by Act No. 13108, Jan. 28, 2015; Act No. 13660, Dec. 29, 2015>
1. Matters concerning fees and charges for the use and management reported under paragraph (1);
2. Matters concerning prices for each item, of facilities and funeral supplies, including memorial appendages, such as stone offertory tables and tombstones;
3. Matters concerning the redemption of fees and charges for the use and management referred to in subparagraph 1, such as standards and methods of redemption.
(3) No person who establishes, develops, or manages any corporate cemetery, private crematory facility, private charnel facility, or private natural burial ground, shall engage in any of the following conduct: <Amended by Act No. 13108, Jan. 28, 2015>
1. Collecting any money or goods other than the fees and charges for the use and management, and prices of facilities and funeral supplies, posted under paragraph (2) 1 and 2;
2. Coercing anyone into purchasing or using facilities or funeral supplies.
(4) A person who installs, develops, or manages a corporate cemetery, private crematory facility, private charnel facility, or private natural burial ground shall issue a person who uses the relevant facilities, with the specifications of transaction regarding the fees and charges for use and management of the facilities, and facilities and funeral supplies. <Newly Inserted by Act No. 15269, Dec. 19, 2017>
(5) Matters necessary for the scope of fees and charges for use and management, the methods of posting price lists, the specific criteria for issuing specifications of transaction, etc., referred to in paragraphs (1), (2), and (4) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13108, Jan. 28, 2015; Act No. 15269, Dec. 19, 2017>
<<Enforcement Date: Jun. 20, 2018>>
 Article 25 (Reserving Management Funds for Private Cemeteries, etc.)
(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) Management funds reserved under paragraph (1) shall be used only for maintenance, management, disaster prevention, improvements, or repair for the relevant funeral service establishments. <Newly Inserted by Act No. 13108, Jan. 28, 2015>
(3) Necessary matters regarding the amount of management funds to be reserved under paragraph (1), the period, procedures, methods, etc. of reserving management funds shall be prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, the amount of such management funds shall be determined based upon the cost of installation and development of the relevant facility, disaster risk index, amount of management funds to be collected annually, etc. <Amended by Act No. 13108, Jan. 28, 2015>
 Article 26 (Closure, etc. of Funeral Service Establishments)
(1) Any person who intends to close any of the following funeral service establishments shall file a report with the head of the competent Si, etc., as prescribed by Ordinance of the Ministry of Health and Welfare:
1. Private cemeteries permitted under Article 14 (3);
2. Private crematory facilities or private charnel facilities reported under Article 15 (1);
3. Private natural burial grounds reported or permitted under Article 16 (3) or (4).
(2) Any person who intends to close a funeral service establishment under paragraph (1) shall inform each of the following persons of the fact that the relevant funeral service establishment will be closed, setting a period of at least three months: Provided, That he/she shall make public notice of such fact if he/she is unable to know who is the relevant person:
1. Relatives relevant to the buried dead bodies/human remains;
2. Relatives relevant to the human remains placed in a charnel facility;
3. Relatives relevant to the bone dust naturally buried;
4. Persons who have concluded a contract for the use of the relevant funeral service establishment.
(3) Any person who intends to close a funeral service establishment under paragraph (1) shall take measures for post treatment of dead bodies, human remains, etc., settlement of payment of fees, charges, and maintenance costs, etc., as prescribed by Ordinance of the Ministry of Health and Welfare.
(4) Matters necessary for methods, procedures, etc. of notification and public announcement referred to in paragraph (2), shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Act No. 13108, Jan. 28, 2015]
CHAPTER IV DISPOSITION, ETC. OF UNCLAIMED GRAVES
 Article 27 (Disposition, etc. of Graves, etc. Established on Another Person's Land, etc.)
(1) The owner (including the occupant or manager; the same shall apply hereafter in this Article) of land or the establisher or relative of a cemetery, which contains a grave falling under any of the following subparagraphs, may rebury any dead body or remains buried in such grave with permission from the head of the competent Si, etc., as prescribed by Ordinance of the Ministry of Health and Welfare: <Amended by Act No. 13108, Jan. 28, 2015>
1. A grave established on such land without consent from the land owner;
2. A grave 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 relevant grave, at least three months in advance: Provided, That where the relative of the grave is unknown, he/she shall make publicly announce such reburial; and where he/she is unable to know the relatives concerned with the grave even after the period of public announcement terminates, he/she shall cremate the human remains and dispose of the cremated human remains after inurnment for a specific period, and report such fact to the head of the relevant Si. <Amended by Act No. 13108, Jan. 28, 2015>
(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 relevant cemetery.
(4) No person or relative who has performed a natural burial within a third 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) Matters concerning the period of inurnment and methods of disposal, and matters concerning notification and public announcement and reporting, which are referred to in paragraph (2) shall be prescribed by Presidential Decree and by Ordinance of the Ministry of Health and Welfare, respectively. <Amended by Act No. 13108, Jan. 28, 2015>
 Article 28 (Disposition of Unclaimed Graves)
(1) The Mayor/Do Governor or the head of a Si/Gun/Gu may cremate and temporarily inurn any dead body or remains buried in a grave, no relative for which is found (hereinafter referred to as "unclaimed grave") as through a general survey conducted under Article 11. <Amended by Act No. 13108, Jan. 28, 2015>
(2) The Mayor/Do Governor or the head of a Si/Gun/Gu, who intends to take the measure under paragraph (1), shall publicly pre-announce the same, 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
 Article 28-2 (Establishment and Operation of Public Funeral Homes)
(1) Every City Mayor/Do Governor or the head of each Si/Gun/Gu may establish or operate a place for funeral rituals (hereinafter referred to as "funeral home"). In such cases, matters concerning persons eligible to use it and standards for equipment and facilities and safety shall be prescribed by Presidential Decree.
(2) Article 29 (2) through (4) and (6) shall apply mutatis mutandis to the hygienic management of dead bodies, posting and registering price lists, prohibition of collecting money or goods exceeding suggested prices, prohibition of coercion to purchase or use, and education at funeral homes, which are referred to in paragraph (1).
[This Article Newly Inserted by Act No. 13660, Dec. 29, 2015]
 Article 28-2 (Establishment and Operation of Public Funeral Homes)
(1) Every City Mayor/Do Governor or the head of each Si/Gun/Gu may establish or operate a place for funeral rituals (hereinafter referred to as "funeral home"). In such cases, matters concerning persons eligible to use it and standards for equipment and facilities and safety shall be prescribed by Presidential Decree.
(2) Article 29 (2) through (4), and (6) and (7) shall apply mutatis mutandis to the hygienic management of dead bodies, posting and registering price lists, prohibition of collecting money or goods exceeding suggested prices, prohibition of coercion to purchase or use, education, and issuance of specifications of transaction at funeral homes, which are referred to in paragraph (1). <Amended by Act No. 15269, Dec. 19, 2017>
[This Article Newly Inserted by Act No. 13660, Dec. 29, 2015]
<<Enforcement Date: Jun. 20, 2018>>
 Article 29 (Reporting, etc. of Funeral Home Business)
(1) Where a person other than a City Mayor/Do Governor or a head of a Si/Gun/Gu, intends to establish or operate a funeral home, he/she shall file a report with the head of the Si, etc. having jurisdiction over the location of the funeral home by complying with standards for installations and facilities and safety prescribed by Presidential Decree, as prescribed by Ordinance of the Ministry of Health and Welfare. The same shall also apply where changing matters reported. <Amended by Act No. 13108, Jan. 28, 2015; Act No. 13660, Dec. 29, 2015>
(2) Where a person who operates a funeral home after filing a report under paragraph (1) (hereinafter referred to as "funeral home business entity") keeps, inurns, shrouds, or carries a dead body in the funeral home, he/she shall manage the dead body sanitarily, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13108, Jan. 28, 2015>
(3) A funeral home business entity shall post in a place conspicuous to users a price list indicating the rents and other service fees of the funeral home and the prices of funeral supplies for each item, and register them with the funeral service information system referred to in Article 33-2 (1). In such cases, the rents shall be calculated by based upon one day being from noon until noon on the next day; and charges for shrouding rooms shall be calculated based on the number of times used. <Amended by Act No. 13108, Jan. 28, 2015>
(4) No funeral home business entity shall engage in any of the following conduct: <Amended by Act No. 13108, Jan. 28, 2015>
1. Collecting money or goods, other than rents or service fees of funeral homes and prices of funeral supplies for each item posted under paragraph (3);
2. Coercing to the purchase or use funeral supplies.
(5) Where a funeral home business entity closes the funeral home business, he/she shall report it to the head of the competent Si, etc. within 20 days from the date of closure of business, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13108, Jan. 28, 2015>
(6) Any of the following persons shall undergo education on funeral service-related laws and regulations, heath and hygiene, matters to be observed in funeral services, etc., as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13108, Jan. 28, 2015>
1. Funeral home business entities and employees thereof;
2. Persons who intend to report under paragraph (1).
(7) Detailed standards, etc. for matters to be posted or registered under paragraph (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13108, Jan. 28, 2015>
 Article 29 (Reporting, etc. of Funeral Home Business)
(1) Where a person other than a City Mayor/Do Governor or a head of a Si/Gun/Gu, intends to establish or operate a funeral home, he/she shall file a report with the head of the Si, etc. having jurisdiction over the location of the funeral home by complying with standards for installations and facilities and safety prescribed by Presidential Decree, as prescribed by Ordinance of the Ministry of Health and Welfare. The same shall also apply where changing matters reported. <Amended by Act No. 13108, Jan. 28, 2015; Act No. 13660, Dec. 29, 2015>
(2) Where a person who operates a funeral home after filing a report under paragraph (1) (hereinafter referred to as "funeral home business entity") keeps, inurns, shrouds, or carries a dead body in the funeral home, he/she shall manage the dead body sanitarily, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13108, Jan. 28, 2015>
(3) A funeral home business entity shall post in a place conspicuous to users a price list indicating the rents and other service fees of the funeral home and the prices of funeral supplies for each item, and register them with the funeral service information system referred to in Article 33-2 (1). In such cases, the rents shall be calculated based upon one day being from noon until noon on the next day; and charges for shrouding rooms shall be calculated based on the number of times used. <Amended by Act No. 13108, Jan. 28, 2015>
(4) No funeral home business entity shall engage in any of the following conduct: <Amended by Act No. 13108, Jan. 28, 2015>
1. Collecting money or goods, other than rents or service fees of funeral homes and prices of funeral supplies for each item posted under paragraph (3);
2. Coercing to the purchase or use of funeral supplies.
(5) Where a funeral home business entity closes the funeral home business, he/she shall report it to the head of the competent Si, etc. within 20 days from the date of closure of business, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13108, Jan. 28, 2015>
(6) Any of the following persons shall undergo education on funeral service-related laws and regulations, heath and hygiene, matters to be observed in funeral services, etc., as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13108, Jan. 28, 2015>
1. Funeral home business entities and employees thereof;
2. Persons who intend to report under paragraph (1).
(7) A funeral home business entity shall issue the users of the funeral home with specifications of transaction regarding the rent of funeral home, other fees relating to funeral services, and funeral supplies. <Newly Inserted by Act No. 15269, Dec. 19, 2017>
(8) Matters to be posted or registered and the specific criteria for issuing the specifications of transaction under paragraph (3) and (7) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13108, Jan. 28, 2015; Act No. 15269, Dec. 19, 2017>
<<Enforcement Date: Jun. 20, 2018>>
 Article 29-2 (Funeral Directors)
(1) The Mayor/Do Governor may qualify any person who has expertise in and techniques for sanitarily managing dead bodies and funeral services, as a funeral director. <Amended by Act No. 13108, Jan. 28, 2015>
(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 officially grant 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), to pay fees prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 11008, Aug. 4, 2011]
 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, etc. 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]
 Article 29-4 (Grounds for Disqualification as Funeral Directors)
None of the following persons shall be a funeral director: <Amended by Act No. 13108, Jan. 28, 2015; Act No. 15269, Dec. 19, 2017>
1. A person under adult guardianship;
2. A mental patient under subparagraph 1 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients: Provided, That this shall not apply to a person whom a specialized medical doctor deems appropriate to engage in the funeral direction business;
3. A narcotic, hemp or psychotropic drug addict;
4. A person for whom his/her imprisonment without labor or heavier punishment declared by a court was not completely executed nor exempted.
[This Article Newly Inserted by Act No. 11008, Aug. 4, 2011]
 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 his/her qualification suspended 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 obtains a certificate by deceptive or other unlawful means;
2. Where he/she falls under any of the subparagraphs of Article 29-4;
3. Where he/she lends his/her certificate of funeral director;
4. Where he/she is sentenced to imprisonment with labor or heavier punishment, for violation of Article 158 of the Criminal Act.
(2) The criteria for revoking and suspending 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]
 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 TO MAINTAIN, RESTRICT USE OF, IMPROVE, ETC. FUNERAL SERVICE ESTABLISHMENTS
 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 partially or fully restrict the use of such establishment: <Amended by Act No. 9847, Dec. 29, 2009>
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.
 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, permanently close, or prohibit the use of all or part of, such cemetery, crematory facility, 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: <Amended by Act No. 13108, Jan. 28, 2015; Act No. 13660, Dec. 29, 2015>
1. Where he/she has established a private cemetery, in violation of Article 14 (3) or (8), 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 fails to file a report or report for change referred to in Article 24 (1);
4-2. Where he/she fails to post and register under paragraph 24 (2), or falsely posts and registers;
4-3. Where he/she collects money or goods, in violation of Article 24 (3) 1 or coerces purchase or use, in violation of subparagraph 2 of the same paragraph;
5. Where he/she fails to reserve management funds referred to in Article 25 (1) or misappropriates management funds in violation of paragraph (2) of the same Article.
 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, or prohibit the use of all or some of, such cemetery, crematory facility, 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: <Amended by Act No. 13108, Jan. 28, 2015; Act No. 13660, Dec. 29, 2015; Act No. 15269, Dec. 19, 2017>
1. Where he/she has established a private cemetery, in violation of Article 14 (3) or (8), 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 fails to file a report or report for change referred to in Article 24 (1);
4-2. Where he/she fails to post and register under paragraph 24 (2), or falsely posts and registers;
4-3. Where he/she collects money or goods, in violation of Article 24 (3) 1 or coerces purchase or use, in violation of subparagraph 2 of the same paragraph;
4-4. Where he/she fails to issue specifications of transaction in violation of Article 24 (4);
5. Where he/she fails to reserve management funds referred to in Article 25 (1) or misappropriates management funds in violation of paragraph (2) of the same Article.
<<Enforcement Date: Jun. 20, 2018>>
 Article 32 (Corrective Order, etc. to Funeral Home Business Entity)
(1) The head of a Si, etc. may order a funeral home business entity to take corrective measures within a fixed period, as prescribed by Ordinance of the Ministry of Health and Welfare, if such funeral home business entity falls under any of the following subparagraphs: <Amended by Act No. 13108, Jan. 28, 2015>
1. Where he/she establishes or operates the funeral home in ways other than as reported under Article 29 (1), in violation of standards for installations and facilities or safety;
1-2. Where he/she has violated Article 29 (2) by failing to manage dead bodies sanitarily;
2. Where he/she fails to post or register under Article 29 (3), or falsely posts or registers;
3. Where he/she collects money or goods in violation of Article 29 (4) 1, or coerces purchase or use in violation of subparagraph 2 of the same paragraph;
4. Where he/she fails to undergo education referred to in Article 29 (6).
(2) If a funeral home business entity fails to comply with a corrective order issued under paragraph (1) within a fixed period, the head of the competent Si, etc. may order such funeral home business entity to suspend his/her business for a fixed period not exceeding six months, as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) If a funeral home business entity falls under any of the followings, the head of the competent Si, etc. may order such funeral home business entity to close his/her funeral home: <Amended by Act No. 13108, Jan. 28, 2015>
1. Where a funeral home business entity conducts business during a period of suspension of business referred to in paragraph (2);
2. Where a funeral home business entity operates the funeral home without filing a report referred to in Article 29 (1).
 Article 32 (Corrective Order, etc. to Funeral Home Business Entity)
(1) The head of a Si, etc. may order a funeral home business entity to take corrective measures within a fixed period, as prescribed by Ordinance of the Ministry of Health and Welfare, if such funeral home business entity falls under any of the following subparagraphs: <Amended by Act No. 13108, Jan. 28, 2015; Act No. 15269, Dec. 19, 2017>
1. Where he/she establishes or operates the funeral home in ways other than as reported under Article 29 (1), in violation of standards for installations and facilities or safety;
1-2. Where he/she has violated Article 29 (2) by failing to manage dead bodies sanitarily;
2. Where he/she fails to post or register under Article 29 (3), or falsely posts or registers;
3. Where he/she collects money or goods in violation of Article 29 (4) 1, or coerces purchase or use in violation of subparagraph 2 of the same paragraph;
4. Where he/she fails to undergo education referred to in Article 29 (6);
5. Where he/she fails to issue specifications of transaction in violation of Article 29 (7);
(2) If a funeral home business entity fails to comply with a corrective order issued under paragraph (1) within a fixed period, the head of the competent Si, etc. may order such funeral home business entity to suspend his/her business for a fixed period not exceeding six months, as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) If a funeral home business entity falls under any of the followings, the head of the competent Si, etc. may order such funeral home business entity to close his/her funeral home: <Amended by Act No. 13108, Jan. 28, 2015>
1. Where a funeral home business entity conducts business during a period of suspension of business referred to in paragraph (2);
2. Where a funeral home business entity operates the funeral home without filing a report referred to in Article 29 (1).
<<Enforcement Date: Jun. 20, 2018>>
 Article 33 (Hearings)
The head of a Si, etc. shall hold a hearing if he/she intends to revoke permission or to order the closure of a facility or funeral home under Article 31 or 32.
 Article 33-2 (Establishment and Operation, etc. of Funeral Service Information System)
(1) The Minister of Health and Welfare may establish and operate an information system (hereinafter referred to as "funeral service information system") to provide policies and information on funeral services, etc. and electronically process reservations, usage, managerial affairs, etc. of funeral service establishments.
(2) The funeral service information system shall include the following functions:
1. Integrating a nationwide reservation service for crematory facilities;
2. Providing information on the status and price information of funeral service establishments;
3. Providing information on funeral rituals, funeral procedures, etc.;
4. Managing death information for provision to institutions paying various pensions/welfare benefits, etc.;
5. Other matters the Minister of Health and Welfare deems necessary.
(3) The Minister of Health and Welfare may have the funeral service support center referred to in Article 33-4 operate the funeral service information system.
(4) Matters necessary for establishing, operating, etc. the funeral service information system shall be prescribed by Ordinance of the Ministry of Health and Welfare.
(5) The funeral service information system may be utilized in connection with the information system referred to in Article 6-2 (2) of the Social Welfare Services Act.
[This Article Newly Inserted by Act No. 13108, Jan. 28, 2015]
 Article 33-3 (Collection and Provision of Death Information)
(1) Where a person who installs or operates a funeral service establishment among funeral service establishments prescribed by Presidential Decree conducts funeral rituals, burial, cremation, or inurnment, etc., he/she shall register death information prescribed by Presidential Decree, such as a name, gender, etc. with the funeral service information system. <Amended by Act No. 13660, Dec. 29, 2015>
(2) The Minister of Health and Welfare may provide information collected under paragraph (1) to central administrative agencies, local governments, public organizations, etc. for managing various pensions/welfare benefits, etc., as prescribed by Presidential Decree.
(3) Where registering death information under paragraph (1), the consent of the bereaved, etc. shall be obtained, as prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 13108, Jan. 28, 2015]
 Article 33-4 (Establishment, etc. of Funeral Service Support Center)
(1) The Minister of Health and Welfare may establish and operate a support center (hereinafter referred to as the "funeral service support center") to handle the following affairs concerning funeral services, etc.:
1. Operation of the funeral service information system;
2. Assistance to funeral rituals for the deceased at the time of the outbreak of disasters, etc. inside and outside Korea;
3. Studies on funeral service policies and funeral ritual culture and contents development;
4. Education of workforce engaging in funeral service establishments;
5. Education and publicity on nature-friendly funeral ritual culture;
6. Counselling service concerning funeral services, etc.;
7. Other affairs concerning funeral services, etc. the Minister of Health and Welfare determines.
(2) For the smooth handling of funeral service affairs, etc., such as operating the funeral service information system, the Minister of Health and Welfare may request heads of relevant central administrative agencies, local governments, relevant institutions, corporations or organizations to provide him/her with materials or information necessary for funeral services, etc. In such cases, the heads of the relevant central administrative agencies, etc. shall comply with such request unless in extenuating circumstances.
(3) The Minister of Health and Welfare may entrust the establishment and operation of the funeral service support center to corporations or organizations equipped with specialized workforce and facilities. In such cases, the head of the corporation or organization entrusted may request materials or information referred to in paragraph (2), as prescribed by Ordinance of the Ministry of Health and Welfare.
(4) The Minister of Health and Welfare may subsidize all or some of costs of corporations or organizations entrusted under paragraph (3).
(5) Matters necessary for the establishment and operation of the funeral service support center, and entrustment, etc. referred to in paragraph (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 13108, Jan. 28, 2015]
 Article 34 (Special Cases concerning Cemeteries, etc. of Historical Importance)
(1) In order to deliberate on the designation of preserved cemeteries or preserved graves (referring to cemeteries or graves of historical importance, etc.; hereinafter the same shall apply), the national deliberation committee on preserved cemeteries and City/Do deliberation committees on preserved cemeteries shall be established in the Ministry of Health and Welfare and Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Special Self-Governing Provinces, respectively. <Newly Inserted by Act No. 13108, Jan. 28, 2015>
(2) After deliberation by the national deliberation committee on preserved cemeteries or City/Do deliberation committees on preserved cemeteries (hereinafter referred to "deliberation committee on preserved cemeteries), The Minister of Health and Welfare or the Mayor/Do Governor may designate any of the following cemeteries or graves as a cemetery or grave requiring preservation: <Amended by Act No. 10741, May 30, 2011; Act No. 13108, Jan. 28, 2015>
1. Cemetery or grave of historical or cultural importance;
2. Cemetery or grave which serves to encourage patriotism;
3. Cemetery or grave of a deceased person whose memory is cherished by citizens through the National Funeral, the Public Funeral, etc.
(3) With respect to cemeteries or graves designated pursuant to paragraph (2), Articles 18 and 19 shall not apply. <Amended by Act No. 13108, Jan. 28, 2015>
(4) Even if a cemetery or grave designated pursuant to paragraph (2) is subject to relocation or reburial, it shall not affect such designation to the extent that the purpose of the designation remains. <Amended by Act No. 13108, Jan. 28, 2015>
(5) Where a preserved cemetery or preserved grade designated under paragraph (2) fails to comply with designation standards or the ground for the designation thereof ceases to exist, the Minister of Health and Welfare or the City Mayor/Do Governor shall cancel the designation thereof or adjust the scope thereof through deliberations of the deliberation committee on preserved cemeteries. <Newly Inserted by Act No. 13108, Jan. 28, 2015>
(6) Matters necessary for the organization and operation of the deliberation committee on preserved cemeteries, and standards and procedures for designating, cancelling designation of, managing, etc. preserved cemeteries or preserved graves shall be prescribed by Presidential Decree. <Amended by Act No. 13108, Jan. 28, 2015>
 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 entity pursuant to Article 31 or 32, if such disposition is likely to seriously inconvenience 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: Provided, That where a penalty surcharge is imposed under Article 24-2 of the Monopoly Regulation and Fair Trade Act against conduct in violation of Article 24 (3) 2 or Article 29 (4) 2 (including cases under investigation or cases for which a penalty surcharge is due to be imposed), a penalty surcharge under this Act (including dispositions of suspension of duty or suspension of business substitutable with the imposition of penalty surcharges) shall not be imposed. <Amended by Act No. 13108, Jan. 28, 2015>
(2) Where a head of a Si, etc. intends to impose a penalty surcharge against any conduct in violation of Article 24 (3) 2 or Article 29 (4) 2, he/she shall pre-inform the Fair Trade Commission of the targeted person, details of misconduct and expected date of imposition and listen to the opinions thereof. <Newly Inserted by Act No. 13108, Jan. 28, 2015>
(3) The amount of the penalty surcharge in accordance with the type and level of offense for which the penalty surcharge is imposed under paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree.
(4) 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 pursuant to the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended by Act No. 11998, Aug. 6, 2013>
 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 promoting cremation, inurnment and natural burial, the reduction of cemetery areas and the improvement of funeral culture.
 Article 37 (Inspection and Report)
(1) If deemed necessary, the head of a Si, etc. may 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 entity to report thereon as necessary.
(2) Any person who establishes, develops, or manages a corporate cemetery, private crematory facility, private charnel facility, private natural burial ground, or any funeral home business entity, shall report the conditions of burial, cremation, inurnment and natural burial, or conditions of management and operation of the funeral home to the head of the competent Si, etc., as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13108, Jan. 28, 2015>
(3) Public officials accessing a corporate cemetery, etc. under paragraph (1) shall carry their certificates of authority and present them to interested persons.
 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 head of each central administrative agency may fully or partially entrust his/her work of development and management of woodland burial grounds or other natural burial grounds under Article 13 (3) to any public corporation or other non-profit corporation designated by the said head of the central administrative agency, as prescribed by Presidential Decree. <Amended by Act No. 13108, Jan. 28, 2015; Act No. 13660, Dec. 29, 2015>
(3) The head of each local government may fully or partially entrust all or some of the operation of public cemeteries, public crematory facilities, public charnel facilities, or public natural burial grounds referred to in Article 13 (1) and public funeral homes referred to in Article 28-2 (1) to public corporations, other non-profit corporations, etc. prescribed by municipal ordinances or rules of the said local government under Article 104 of the Local Autonomy Act. <Newly Inserted by Act No. 13660, Dec. 29, 2015>
CHAPTER VII PENALTY PROVISIONS
 Article 39 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding twenty million won: <Amended by Act No. 13108, Jan. 28, 2015>
1. A person who establishes 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 establishes or develops a cemetery, a crematory facility, a charnel facility or a natural burial ground within a prohibited area, in violation of Article 17;
2-2. A person who operates a funeral home without filing a report referred to in Article 29 (1);
3. A person who fails to comply with an order to maintain, improve or restrict the use of a funeral service establishment, etc. under Article 30.
 Article 40 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 11253, Feb. 1, 2012; Act No. 13108, Jan. 28, 2015>
1. A person who performs a burial or cremation within twenty-four hours after 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 specified 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;
7-2. A person who closes a funeral service establishment without filing a report referred to in Article 26 (1);
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 or prohibit the use of a cemetery, crematory facility, 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 his/her funeral home under Article 32 (3).
 Article 41 (Joint Penalty Provisions)
Where a representative of a corporation, or a proxy, employee, or other worker of a corporation or an individual commits an offense referred to in Article 39 or 40 in connection with the business of the corporation or the individual, not only shall the offender be punished but the corporation or the individual also shall be punished by a fine provided for in the said Article: Provided, That the same shall not apply where the corporation or the individual paid due attention to and conscientiously supervised the relevant business to prevent the offense.
[This Article Wholly Amended by Act No. 13108, Jan. 28, 2015]
 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: Provided, That the same shall not apply to those on whom a penalty surcharge is imposed (including penalty surcharges imposed in lieu of dispositions to suspend duty or business) under Article 35 (1): <Amended by Act No. 11253, Feb. 1, 2012; Act No. 13108, Jan. 28, 2015; Act No. 13660, Dec. 29, 2015>
1. A person who fails to report under Article 8 (1) through (4);
2. A person who embalms a dead body, in violation of the standards under Article 9 (1);
3. A person who fails to report or report on alteration under Article 14 (2);
3-2. A person who fails to make and store records referred to in Article 14 (7);
4. A person who fails to report or report on alteration under Article 15 (1);
5. A constructor who establishes a charnel facility without reporting or reporting alteration under Article 15 (1);
5-2. A person who fails to make and store records referred to in Article 15 (4) or Article 16 (6);
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 or register under Article 24 (2) or falsely posted or registered;
8-2. A person who collects money and goods, in violation of Article 24 (3) 1;
8-3. A person who coerces purchase or use, in violation of Article 24 (3) 2 (excluding cases punished under subparagraph 2 of Article 67 of the Monopoly Regulation and Fair Trade Act);
9. A person who fails to take measures, for notification/public announcement, post treatment, settlement of payment, etc. referred to in Article 26 (2) or (3);
10. A person who performs a reburial without giving notice or making a public announcement under Article 27 (2) or a person who fails to abide by the period of inurnment and/or method of treatment after cremation or fails to report the fact of treatment;
10-2. A person who fails to file a report for change referred to in Article 29 (1);
11. A person who fails to comply with the duty to manage dead bodies sanitarily, in violation of Article 29 (2);
12. A person who fails to post or register under Article 29 (3) or falsely posts or registers or a person who fails to calculate rents or fees for using the shrouding room;
12-2. A person who collects money or goods, in violation of Article 29 (4) 1;
12-3. A person who coerces purchase or use, in violation of Article 29 (4) 2 (excluding cases punished under subparagraph 2 of Article 67 of the Monopoly Regulation and Fair Trade Act);
12-4. A person who fails to file a report on closure of funeral home business referred to in Article 29 (5);
12-5. A person who fails to undergo education referred to in Article 29 (6);
12-6. A person who fails to register death information referred to in Article 33-3 (1) without any justifiable ground or falsely registers such information;
13. A person who refuses, interferes with or evades an inspection conducted by a related public official as prescribed by Article 37 (1) and (2), 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, as prescribed by Presidential Decree. <Amended by Act No. 13108, Jan. 28, 2015>
(3) through (5) Deleted. <by Act No. 13108, Jan. 28, 2015>
 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: Provided, That the same shall not apply to those on whom a penalty surcharge is imposed (including penalty surcharges imposed in lieu of dispositions to suspend duty or business) under Article 35 (1): <Amended by Act No. 11253, Feb. 1, 2012; Act No. 13108, Jan. 28, 2015; Act No. 13660, Dec. 29, 2015; Act No. 15269, Dec. 19, 2017>
1. A person who fails to report under Article 8 (1) through (4);
2. A person who embalms a dead body, in violation of the standards under Article 9 (1);
3. A person who fails to report or report on alteration under Article 14 (2);
3-2. A person who fails to make and store records referred to in Article 14 (7);
4. A person who fails to report or report on alteration under Article 15 (1);
5. A constructor who establishes a charnel facility without reporting or reporting alteration under Article 15 (1);
5-2. A person who fails to make and store records referred to in Article 15 (4) or Article 16 (6);
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 or register under Article 24 (2) or falsely posted or registered;
8-2. A person who collects money and goods, in violation of Article 24 (3) 1;
8-3. A person who coerces purchase or use, in violation of Article 24 (3) 2 (excluding cases punished under subparagraph 2 of Article 67 of the Monopoly Regulation and Fair Trade Act);
8-4. A person who fails to issue specifications of transaction in violation of Article 24 (4);
9. A person who fails to take measures, for notification/public announcement, post treatment, settlement of payment, etc. referred to in Article 26 (2) or (3);
10. A person who performs a reburial without giving notice or making a public announcement under Article 27 (2) or a person who fails to abide by the period of inurnment and/or method of treatment after cremation or fails to report the fact of treatment;
10-2. A person who fails to file a report for change under Article 29 (1);
11. A person who fails to comply with the duty to manage dead bodies sanitarily, in violation of Article 29 (2);
12. A person who fails to post or register under Article 29 (3) or falsely posts or registers or a person who fails to calculate rents or fees for using the shrouding room;
12-2. A person who collects money or goods, in violation of Article 29 (4) 1;
12-3. A person who coerces purchase or use, in violation of Article 29 (4) 2 (excluding cases punished under subparagraph 2 of Article 67 of the Monopoly Regulation and Fair Trade Act);
12-4. A person who fails to file a report on closure of funeral home business referred to in Article 29 (5);
12-5. A person who fails to undergo education referred to in Article 29 (6);
12-6. A person who fails to issue specifications of transaction in violation of Article 29 (7);
12-7. A person who fails to register death information referred to in Article 33-3 (1) without any justifiable ground or falsely registers such information;
13. A person who refuses, interferes with or evades an inspection conducted by a related public official as prescribed by Article 37 (1) and (2), 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, as prescribed by Presidential Decree. <Amended by Act No. 13108, Jan. 28, 2015>
(3) through (5) Deleted. <by Act No. 13108, Jan. 28, 2015>
<<Enforcement Date: Jun. 20, 2018>>
 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 any of the following persons:
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 fails 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 fails 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, ground for imposing and period for paying 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 to relocate or improve under Article 31 is issued fulfills such order, the head of the competent Si, etc. shall immediately suspend imposing an additional charge for compelling compliance, but collect a charge for compelling compliance already imposed.
(6) If a person on whom a charge is imposed under paragraph (1) for compelling compliance fails to pay such charge by the payment deadline, the head of the competent Si, etc. shall collect it pursuant to the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended by Act No. 9030, Mar. 28, 2008; Act No. 11998, Aug. 6, 2013>
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 established as of this Act entering into force.
(2) The amended provisions of Articles 19 and 27 (3) shall apply to any grave established as of January 13, 2001 on which the amended Burial and Graveyard, etc. Act, Act No. 6158, enters into force.
Article 3 (Transitional Measures concerning Cemeteries, etc.)
Any cemetery, crematory and charnel house established pursuant to the previous provisions or other 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 a charnel grave, charnel house, charnel monument and other charnel facility, and a crematory facility, 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 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 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 an 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 imposing any penalty or administrative fine for 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 former 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 be certified as a 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.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 13108, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of promulgation: Provided, That the amended provisions of Articles 24 (2) and (4), 26, 27 (2) and (5), and 29 (excluding paragraph (4) of the same Article), subparagraph 4-2 of Article 31, Articles 32 (1) 1, 2 and 4 and (3), 33-2, 33-3, and 33-4, subparagraph 2-2 of Article 39, subparagraph 7-2 of Article 40, and Article 42 (1) 8, 9, 10, 10-2, 12, 12-4 and 12-5, shall enter into force one year after its promulgation.
Article 2 (Applicability to Imposition, etc. of Penalty Surcharges)
The amended provisions of Article 35 pertaining to persons in violation of the amended provisions of Articles 24 (3) 2 and 29 (4) 2 shall begin to apply from the first person who engages in the relevant misconduct after this Act enters into force.
Article 3 (Applicability to Use of Management Funds)
The amended provisions of Article 25 (2) shall also apply to management funds reserved at the time this Act enters into force.
Article 4 (Applicability to Closure, etc. of Funeral Service Establishments)
The amended provisions of Article 26 shall begin to apply from reports on closure of funeral service establishment filed after this Act enters into force.
Article 5 (Transitional Measures concerning Funeral Home Business Entities)
Any person who conducts funeral home business after being registered under the Value-Added Tax Act, etc. at the time this Act enters into force shall be considered to have filed a report referred to in under the amended provisions of Article 29 (1): Provided, That he/she shall refile a report with the head of the competent Si, etc. complying with standards for installations and facilities and safety referred to in the amended provisions of Article 29 (1) within two years from the date on which this Act enters into force.
Article 6 (Transitional Measures concerning Incompetents, etc.)
Notwithstanding the amended provisions of subparagraph 1 of Article 29-4, the former provisions shall apply to those for whom the effect of a sentence of incompetency or quasi-incompetency is maintained under Article 2 of Addenda of the partially amended Civil Act (Act No. 10429).
Article 7 (Transitional Measures concerning Administrative Dispositions)
The former provisions shall apply to administrative dispositions taken against conduct before this Act enters into force.
Article 8 Omitted.
ADDENDA <Act No. 13660, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force eight months after promulgation: Provided, That the amended provisions of Article 19 shall enter into force on the date of promulgation and the amended provisions of subparagraph 1 of Article 23-2 shall enter into force on January 1, 2016.
Article 2 (Applicability to Periods of Building of Graves)
The amended provisions of Article 19 shall begin to apply from the first grave built after January 13, 2001, when the amended Burial and Graveyard, etc. Act (Act No. 6158) entered into force.
Article 3 (Applicability to Provisions of Legal Fiction)
The amended provisions of Article 14 (5) and (6) and Article 16 (9) and (10) shall begin to apply from the first person who applies for permission to build a private cemetery and the first person who reports to develop a woodland burial ground after this Act enters into force, respectively.
Article 4 (Applicability to Reporting on Developing Family Natural Burial Grounds)
The amended provisions of Article 16 (2) and (3) shall begin to apply from the first person who intends to develop a family natural burial ground after this Act enters into force.
Article 5 (Transitional Measures concerning Public Funeral Homes)
Any funeral home established/operated by the head of a local government (including where the operation of such funeral home is entrusted) at the time this Act enters into force shall be considered as a funeral home referred to in the amended provisions of Article 28-2 (1). In such cases, the head of the local government which establishes/operates the relevant funeral home shall comply with standards for equipment/facilities and safety referred to in the latter part of the amended provisions of Article 28-2 (1) within one and a half years after this Act enters into force.
Article 6 (Transitional Measures concerning Administrative Dispositions)
The former provisions shall apply to administrative dispositions for offenses committed before this Act enters into force.
Article 7 Omitted.
ADDENDUM <Act No. 15269, Dec. 19, 2017>
This Act shall enter into force six months after promulgation: Provided, That the amended provisions of subparagraph 2 of Article 29-4 shall enter into on the date of promulgation.