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BURIAL AND GRAVEYARD, ETC. ACT

Act No. 799, Dec. 5, 1961

Amended by Act No. 2069, Dec. 31, 1968

Act No. 2605, Mar. 13, 1973

Act No. 3389, Mar. 16, 1981

Act No. 5454, Dec. 13, 1997

Act No. 5453, Dec. 13, 1997

 Article 1 (Purpose)
The purpose of this Act is to contribute to preventing potential dangers to public health and hygiene, to promoting efficient utilization of national land, and to increasing public well-being, by providing necessary matters with respect to burial, cremation and reburials, as well as necessary facilities and management of cemeteries, crematoriums, and charnel houses. <Amended by Act No. 3389, Mar. 16, 1981>
[This Article Wholly Amended by Act No. 2069, Dec. 31, 1968]
 Article 2 (Definitions)
(1) For the purpose of this Act, the term "burial" refers to burying or laying of a corpse (including any dead fetus which has been conceived for not less than 4 months) or the remains of the dead into the ground, and then holding a funeral ceremony. <Amended by Act No. 2069, Dec. 31, 1968; Act No. 3389, Mar. 16, 1981>
(2) The term "cremation" refers to burning of a corpse and then holding a funeral ceremony. <Amended by Act No. 2069, Dec. 31, 1968>
(3) The term "reburial" refers to moving of a buried corpse to another grave, or moving the remains of the dead, buried in the ground or in the sea, to another grave or another charnel house, or to the cremating of a buried corpse. <Amended by Act No. 2069, Dec. 31, 1968>
(4) The term "grave" refers to the facilities for the burying of a corpse or the remains of the dead. <Amended by Act No. 2069, Dec. 31, 1968>
(5) The term "cemetery" refers to an area in which graves are to be established, for which the permission has been obtained from the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do governor (hereinafter referred to as the "Do governor"). <Amended by Act No. 2069, Dec. 31, 1968; Act No. 3389, Mar. 16, 1981; Act No. 5454, Dec. 13, 1997>
(6) The term "charnel house" refers to the facilities for burial, in the sea, of the remains of the dead, for which permission has been obtained from the Do governor. <Amended by Act No. 2069, Dec. 31, 1968; Act No. 3389, Mar. 16, 1981>
(7) The term "crematorium" refers to the facilities for the purpose of cremation of corpses, for which permission has been obtained from the Do governor. <Amended by Act No. 2069, Dec. 31, 1968; Act No. 3389, Mar. 16, 1981>
 Article 3 (Time for Burial and Cremation)
Except for the cases as otherwise provided in other Acts and subordinate statutes, burial or cremation shall not be done unless 24 hours has elapsed from the time of death or stillbirth: Provided, That this provision shall not apply to the case of a dead fetus which has been conceived for less than 7 months. <Amended by Act No. 2069, Dec. 31, 1968>
 Article 4 (Place of Burial, Cremation, and Reburial)
(1) Burials shall not be made in areas other than cemeteries; and the size of a cemetery, the types and sizes, etc. of the facilities for a cemetery shall not exceed the standards as prescribed by the Presidential Decree. In this case, the occupied area of a grave of a person shall not exceed 20 square meters, and that of a grave of not less than two persons shall not exceed 25 square meters. <Amended by Act No. 3389, Mar. 16, 1981>
(2) Cremation shall not be conducted in facilities other than crematoriums: Provided, That this provision shall not apply to the cases of Sis or Guns without crematoriums. <Amended by Act No. 2069, Dec. 31, 1968>
(3) Reburials shall not be made in facilities other than cemeteries, crematoriums, or charnel houses.
(4) Burials or reburials shall not be made in a cemetery of a third party, without the written consent of the installer of the said cemetery obtained.
 Article 5 (Report on Burials, etc.)
(1) The person who intends to conduct a burial or cremation shall make a report on his intention to the head of Si/Gun/Gu (hereinafter referred to as the "head of Si/Gun/Gu"), within the area of whose jurisdiction the burial ground or the crematorium is located. <Amended by Act No. 2069, Dec. 31, 1968; Act No. 2605, Mar. 13, 1973; Act No. 3389, Mar. 16, 1981>
(2) The person who intends to do a reburial, shall make a report on his intention to the head of Si/Gun/Gu, within the areas of whose jurisdiction are located in the existing ground and the reburial ground of the corpse or the remains of the dead, to be reburied. <Amended by Act No. 2605, Mar. 13, 1973; Act No. 3389, Mar. 16, 1981>
(3) Upon receiving a report on a burial, cremation, or a reburial, pursuant to the provisions of paragraphs (1) and (2), the head of Si/Gun/Gu, without any delay, enter the report into the registry of graves as prescribed by the Ordinance of the Ministry of Health and Welfare; and issue a certificate of the report. <Amended by Act No. 2605, Mar. 13, 1973; Act No. 3389, Mar. 16, 1981; Act No. 5454, Dec. 13, 1997>
(4) When, for the proper management of cemeteries, it is acknowledged to be necessary in addition to the report as prescribed in paragraph (1) or (2), the Minister of Health and Welfare or the Do governor may have all of the buriers or relatives of the dead, buried in a certain area designated by the said Minister himself, make a report on the graves of their concern within the period designated by the said Minister himself, under the conditions as prescribed by the Presidential Decree. <Newly Inserted by Act No. 2605, Mar. 13, 1973; Act No. 3389, Mar. 16, 1981; Act No. 5454, Dec. 13, 1997>
 Article 5-2 (Methods, etc. of Burial, Cremation, and Reburial)
The method of burial, cremation, or reburial, and the form, etc. of a grave or a casket for the remains of the dead, and other necessary matters, shall be prescribed by the Presidential Decree.
[This Article Wholly Amended by Act No. 2605, Mar. 13, 1973]
 Article 6 (Impossible Cases of Identifying Handlers of Corpses, etc.)
(1) In a case where no person exists or no person can be identified for the burial or cremation of a corpse, the head of Si/Gun/ Gu, within the area of whose jurisdiction the corpse in question exists, shall undertake the burial or cremation of the corpse in question. <Amended by Act No. 3389, Mar. 16, 1981>
(2) In a case where the head of Si/Gun/Gu has finished with the burial or cremation pursuant to the provision of paragraph (1), he shall, without any delay, give public notice of it. <Amended by Act No. 3389, Mar. 16, 1981>
 Article 7 (Establishment of Public Cemeteries, Public Crematoriums, or Public Charnel Houses)
(1) The Special Metropolitan City, Metropolitan City, or Si/Gun shall establish public cemeteries or public crematoriums, for the disposal of corpses. <Amended by Act No. 2069, Dec. 31, 1968; Act No. 5454, Dec. 13, 1997>
(2) The Special Metropolitan City, Metropolitan City, or Si/Gun may, if necessary, establish public charnel houses. <Amended by Act No. 2069, Dec. 31, 1968; Act No. 5454, Dec. 13, 1997>
(3) The standards for the establishment of public cemeteries, public crematoriums, and public charnel houses, as prescribed in paragraphs (1) and (2), shall be prescribed by the Presidential Decree. <Amended by Act No. 2069, Dec. 31, 1968; Act No. 3389, Mar. 16, 1981>
 Article 8 (Establishment of Private Cemeteries, Private Crematoriums, or New Charnel Houses)
(1) No person shall establish private cemeteries, private crematoriums, or private charnel houses, unless permitted doing so by this Act.
(2) The person who desires to establish private cemetery, private crematorium, private charnel house as prescribed by the Presidential Decree, shall obtain the permission of the Do governor. <Amended by Act No. 3389, Mar. 16, 1981>
(3) The standards for the establishment of the private cemetery, private crematorium or private charnel house as prescribed in paragraph (2), and the matters which must be observed by the person who received the permission for the establishment of the said private cemetery, private crematorium or private charnel house, shall be prescribed by the Presidential Decree. <Amended by Act No. 1973, Mar. 13, 1973>
(4) The establisher or the manager of private cemetery, private crematorium or private charnel house as prescribed by the Presidential Decree, shall not charge or receive the rental fee or the management expenses of his facilities, in excess of the top ceilings as prescribed and given public notice by the Do governor. <Newly Inserted by Act No. 3389, Mar. 16, 1981>
(5) In a case where a person has obtained the permission for the establishment of a private cemetery, pursuant to the provisions of paragraph (2), the said person shall be regarded as having obtained, as well, the permission for the clearing of trees of a forest as prescribed in the Forestry Act: Provided, That this provision shall not apply to a cemetery whose size is larger than the size as prescribed by the Presidential Decree. <Newly Inserted by Act No. Mar. 16, 1981>
[This Article Wholly Amended by Act No. 2096, Dec. 31, 1968]
 Article 8-2 (Prohibition of Establishment of Cemeteries, Crematoriums, or Charnel Houses)
With respect to a region which falls under one of the following subparagraphs, in the cases as prescribed in Articles 7 and 8, public cemeteries, public crematoriums, or public charnel houses shall not be established, nor shall the establishment of private cemeteries, private crematoriums, or private charnel houses be permitted: <Amended by Act No. 3389, Mar. 16, 1981>
1. Such a region as is apprehended to have a possibility to inflict harm or damage to the national health;
2. Such a region as will impede proper execution of national defense strategies or urban development plans; and
3. Such other regions as will impede proper execution of national territory development plans.
[This Article Newly Inserted by Act No. 2069, Dec. 31, 1968]
 Article 9 (Closing Down, etc. of Cemeteries, Crematoriums, or Charnel Houses)
The person who desires to change the location of a cemetery, or to change the facilities of a crematorium or a charnel house, or desires to close down a cemetery, a crematorium, or a charnel house, shall obtain the permission of the Do governor. <Amended by Act No. 2069, Dec. 31, 1968; Act No. 3389, Mar. 16, 1981>
 Article 10 (Managers of Cemeteries, Crematoriums, or Charnel Houses)
(1) The establisher of a cemetery, a crematorium, or a charnel house, shall employ a manager for the said cemetery, crematorium, or charnel house: Provided, That this provision shall not apply to a case where the establisher of a private cemetery, a private crematorium, or a private charnel house, directly manages his cemetery, crematorium, or charnel house. <Amended by Act No. 2069, Dec. 31, 1968>
(2) The establisher of a cemetery, a crematorium, or a charnel house, as prescribed in paragraph (1), shall make a report on the permanent domicile, the current address, and the name of the manager, to the Do governor. As for the establisher of a private cemetery, a private crematorium, or a private charnel house, he shall go through the competent or head of Si/Gun, before he makes the said report to the Do governor. <Amended by Act No. 2069, Dec. 31, 1968; Act No. 3389, Mar. 16, 1981>
(3) The provisions of paragraph (2) shall apply mutatis mutandis to the case where the manager has been changed.
 Article 11 (Prohibition of Refusal)
In a case where a request has been made for a burial, cremation, or a reburial, the manager of a cemetery, a crematorium, or a charnel house, shall not refuse the request, unless he may be justified otherwise on reasonable grounds.
 Article 12 (Procedures for Burial, Cremation, or Reburial)
(1) Without having first received the certificate of the report on burial, the certificate of the report on cremation, or the certificate of the report on reburial, as prescribed in Article 5, the manager of a cemetery shall not allow the relevant burial, cremation, or reburial to be done in his cemetery.
(2) Without having first received the certificate of the report on cremation or the certificate of the report on reburial, as prescribed in Article 5, the manager of a crematorium shall not allow the relevant cremation to be done in his crematorium.
(3) Without having first received the certificate of the report on reburial as prescribed in Article 5, or the certificate of cremation, the manager of a charnel house shall not bury, in the sea, the remains of the relevant corpse.
(4) The certificate of cremation as prescribed in paragraph (3), shall be issued by the manager of the crematorium concerned.
 Article 13 (Keeping, on File, of Drawings, Ledgers, or Documents)
The manager of a cemetery, a crematorium, or a charnel house, shall keep, on file, the relevant drawing, ledger, or other necessary documents, under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5454, Dec. 13, 1997>
 Article 14 (Examination and Report)
(1) In a case where he deems it necessary, the Do governor may have the relevant public officials examine the ledger of the facilities, documents, or other things of a cemetery, a crematorium, or a charnel house; or may have the manager or the establisher of a cemetery, a crematorium, or a charnel house, do the necessary report(s) to himself. <Amended by Act No. 2069, Dec. 31, 1968; Act No. 3389, Mar. 16, 1981>
(2) In a case as prescribed in paragraph (1), the public officials concerned shall show, to the persons concerned, the voucher of authority that allows the former to do the examination concerned.
 Article 15 (Relocation of Cemeteries, Crematoriums or Charnel Houses, or Revocation of Permission Thereon, etc.)
In a case where the establisher of a grave, a cemetery, a crematorium, or a charnel house, has violated the provisions of Article 5-2, Article 8 (3) or (4), or where the Do governor has acknowledged that a grave, a cemetery, a crematorium or a charnel house falls under one of the subparagraphs of Article 8-2, the Do governor may order its relocation, or order a remodelling of its facilities, or prohibit the use of the whole or part of its facilities, or may revoke the relevant permission. <Amended by Act No. 2605, Mar. 13, 1973; Act No. 3389, Mar. 16, 1981>
[This Article Wholly Amended by Act No. 2069, Dec. 31, 1968]
 Article 15-2 (Arrangement of Abandoned Graves)
(1) The grave which was not reported, without any justifiable ground, within the period of the wholesale report, as prescribed in Article 5 (4), shall be regarded as a grave with no one to take care of it (hereinafter referred to as an "abandoned grave").
(2) When it is acknowledged to be necessary for efficient utilization of the national territory, the Do governor may collectively place the remains of the dead of the abandoned graves in a public or private charnel house. <Amended by Act No. 3389, Mar. 16, 1981>
(3) Necessary matters concerning the placement period of the remains of the dead, placed in a public or private charnel house pursuant to the provision of paragraph (2), and concerning how to treat them once the placement period is over, shall be prescribed by the Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. Act No. 3389, Mar. 16, 1981; Act No. 5454, Dec. 13, 1997>
[This Article Wholly Amended by Act No. 2605, Mar. 13, 1973]
 Article 15-3 (Compensation for Loss)
When he has ordered the relocation of a grave, a cemetery, a crematorium, or a charnel house, falling under one of the subparagraphs of Article 8-2, the Do governor shall make compensation for the expenses required for the relocation or for the losses incurred in the course of the relocation: Provided, That this provision shall not apply to a grave, a cemetery, a crematorium, or a charnel house, established in violation of this Act. <Amended by Act No. 3389, Mar. 16, 1981>
[This Article Newly Inserted by Act No. 2605, Mar. 13, 1973]
 Article 15-4 (Hearing)
Where a Do governor intends, under Article 15, to order the prohibition of use of facilities or revoke permission, he shall hold a hearing.
[This Article Newly Inserted by Act No. 5453, Dec. 13, 1997]
 Article 16 (Order, etc. for Reburial)
(1) Concerning the corpses or the remains of the dead, buried in a land other than a cemetery or in a cemetery of a third party without the approval of the establisher of the said cemetery, the Do governor may order the buriers or other relatives thereof to rebury them, after having made a public notice of the fact under consideration for a certain period. <Amended by Act No. 2069, Dec. 31, 1968; Act No. 3389, Mar. 16, 1981>
(2) In a case as prescribed in paragraph (1), and where the buriers or other relatives does or do not exist or cannot be identified, the owner or the manager of the land or the cemetery in question, may rebury the corpses or the remains of the dead, after having obtained the necessary permission of the Do governor, and then, having given public notice of the fact under consideration for a certain period. <Amended by Act No. 2069, Dec. 31, 1968; Act No. 3389, Mar. 16, 1981>
(3) The period of the public notice as prescribed in paragraphs (1) and (2), and other necessary matters concerning the reburial, shall be prescribed by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5454, Dec. 13, 1997>
 Article 17 (Corpse Transportation Business)
(1) The person who desires to run the business of the transportation of corpses, shall be equipped with necessary facilities, and then, shall obtain the permission of the Do governor, under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 2069, Dec. 31, 1968; Act No. 3389, Mar. 16, 1981; Act No. 5454, Dec. 13, 1997>
(2) The facilities for the transportation of corpses shall be established neither in housing areas nor on road sides where there is busy pedestrian traffic.
 Article 18 (Penal Provisions)
The person falling under one of the following subparagraphs shall be punished by the imprisonment of not more than 1 year or by the fine not exceeding 2 million won: <Amended by Act No. 2069, Dec. 31, 1968; Act No. 2605, Mar. 13, 1973; Act No. 3389, Mar. 16, 1981>
1. The person who has violated the provisions of Article 4 or the provisions of Article 8 (1) through (4), except for the relatives as prescribed in Article 16 (1); and
2. The person who has violated the order as prescribed in the provision of Article 15 or 16.
 Article 19 (Penal Provisions)
The person who has violated the provision of Article 5, shall be punished by the imprisonment of not more than 3 months or the fine not exceeding 50 thousand won. <Amended by Act No. 2069, Dec. 31, 1968; Act No. 2605, Mar. 13, 1973>
 Article 20 (Penal Provisions)
The person falling under one of the following subparagraphs, shall be punished by penal detention or a minor fine: <Amended by Act No. 2069, Dec. 31, 1968>
1. The person who has violated against the provision of Articles 3, 9 through 13, or 17; and
2. The person who has refused, obstructed, or avoided the examination by the public officials concerned, as prescribed in Article 14 (1); or the person who either has failed to make the report as prescribed in the same Article, or has made a false report.
 Article 21 (Joint Penal Provisions)
In a case where the representative of a juristic person, an agent or servant, or other employed person, of a juristic person or individual, has committed an act of violation, falling under one of the provisions of Articles 18 through 20, with respect to the official tasks of the said juridical person or individual, not only the violator himself shall be punished, but also the said juristic person or individual shall be punished by the fine, as prescribed in the relevant Article. <Amended by Act No. 2069, Dec. 31, 1968>
 Article 22 (Enforcement Decree)
Necessary matters concerning the enforcement of this Act shall be prescribed by the Presidential Decree. <Amended by Act No. 2069, Dec. 31, 1968>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 4295 of the Tagua Era.
Article 2 (Repeal of Acts and Subordinate Statutes)
The Cemetery, Crematorium, Burial, and Control Regulations, the Ordinance of the Chosen Government-General, No. 123, legislated in 4245 of the Tagua Era, shall be hereby repealed.
Article 3 (Transitional Provisions)
(1) The cemeteries, crematoriums or charnel houses, established prior to the enforcement of this Act, shall be regarded as having been established under the conditions as prescribed by this Act: Provided, That the establishers or managers of the said cemeteries, crematoriums, or charnel houses, shall, within 3 months from the date of the enforcement of this Act, report the locations and the lot numbers of the said cemeteries, crematoriums or charnel houses to the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the Do governor.
(2) The grave established, prior to the enforcement of this Act, pursuant to the former legal provisions concerned, shall be regarded as having been established in a cemetery established under the conditions as prescribed by this Act.
(3) The person who has been running a business of the transportation of corpses at the time of the enforcement of this Act, shall obtain the permission for the said business under the conditions as prescribed by this Act, within 2 months from the date of the enforcement of this Act.
ADDENDA<Act No. 2069, Dec. 31, 1968>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The graves, cemeteries, crematoriums or charnel houses, having already been established pursuant to the former legal provisions concerned, at the time of the enforcement of this Act, shall be regarded as having been established pursuant to this Act.
(3) (Idem) In a case where the cemeteries (excluding private cemeteries established by individuals, families or clans), crematoriums, or charnel houses, established pursuant to the former legal provisions concerned, at the time of the enforcement of this Act, fall short of the establishment criteria as prescribed in Articles 7 and 8, they shall be made to satisfy the establishment criteria of the said Articles, within the period as determined by the Presidential Decree and to such an extent as will not affect the existing graves.
ADDENDA<Act No. 2605, Mar. 13, 1973>
(1) (Enforcement Date) The date of the enforcement of this Act shall be determined, separately, by the Presidential Decree.
[Enforced on Nov. 11, 1977, by Presidential Decree No. 8694, Sep. 14, 1977]
(2) (Transitional Measures) With respect to a grave, from among the graves reported within the period of the first wholesale report after the enforcement of this Act, established in a land other than a cemetery, in a case where the grave under consideration has been established in a land owned by the buried or the burier himself or established with the consent of the owner of the land in question obtained, such a grave shall be regarded as having been established in such a cemetery as prescribed in this Act.
ADDENDA<Act No. 3389, Mar. 16, 1981>
(1) (Enforcement Date) This Act shall enter into force at the expiration of 2 months after the date of its promulgation.
(2) (Transitional Measures) The graves, cemeteries, crematoriums or charnel houses having been established pursuant to the former legal provisions concerned at the time of the enforcement of this Act, shall be regarded as having been established under the conditions as prescribed in this Act.
ADDENDA<Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)