The purpose of this Decree is to prescribe matters mandated by the Act on Funeral Services and matters necessary for the enforcement thereof.
Article 2 (Appurtenant facilities of crematory facilities) |
1. | A chapel of rest and an incense room; |
2. | A waiting room for bereaved families and a convenience room; |
3. | An administrative office; |
5. | Facilities for scattering cremated remains; |
6. | Facilities that sell funeral supplies or food, etc. |
[This Article Added on Jul. 20, 2015]
[Previous Article 2 moved to Article 2-2 <Jul. 20, 2015>]
"Person prescribed by Presidential Decree" in subparagraph 16 (g) of Article 2 of the Act means any of the following persons: <Amended on Aug. 3, 2012; Jul. 20, 2015; May 29, 2017> 1. | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter referred to as "head of a Si, etc.") who provides medical benefits to a person falling under subparagraph 1 of Article 2 of the Enforcement Decree of the Medical Benefit Act; |
[Moved from Article 2 <Jul. 20, 2015>]
Article 3 (Responsibilities of the State and local governments) |
(1) | The standards for crematory facilities to be equipped by a local government pursuant to Article 4 (2) of the Act shall be prescribed by public notice by the Minister of Health and Welfare, taking into consideration the population by region, the number of deaths, demand for cremation, etc. <Amended on Mar. 15, 2010> |
(2) | The State shall endeavor to include matters regarding the establishment and development of the relevant funeral service establishment in housing site development plans under the Housing Site Development Promotion Act according to the following classifications: |
1. | A housing site development plan for an area of at least 3.33 million square meters: Establishment and development of charnel facilities and natural burial grounds; |
2. | A housing site development plan for an area of at least 9.9 million square meters: Installation of crematory facilities. |
(3) | If a project for the establishment and development of crematory facilities, charnel facilities, or natural burial grounds is smoothly promoted through consultations, etc. with local residents, a local government may support local residents by such means as preferentially entrusting the operation of the relevant funeral service establishment, etc. to local residents. |
(4) | If necessary to smoothly promote a project for the establishment and development of crematory facilities, charnel facilities, or natural burial grounds, a local government may establish a fund by its ordinance to support local residents. |
Article 4 (Formulation of supply and demand plan for cemeteries) |
(1) | A comprehensive plan for the supply of and demand for funeral service establishments (hereinafter referred to as "comprehensive plan") to be formulated by the Minister of Health and Welfare pursuant to Article 5 (1) of the Act shall include the following matters: <Amended on Mar. 15, 2010; Jul. 20, 2015; Jan. 28, 2016> |
1. | Basic objectives and directions for implementation of the comprehensive plan; |
2. | Trends of changes in demand for funeral service establishments and prospects for the supply thereof; |
3. | Plans for the expansion of funeral service establishments and financial investment plans; |
4. | Basic directions and implementation plans for the improvement of the funeral culture; |
5. | A supply and demand plan for funeral service establishments between regions and a management and operation plan; |
6. | Other matters necessary for funeral service policies and the supply of and demand for funeral service establishments, etc. |
(2) | After formulating a comprehensive plan, the Minister of Health and Welfare shall prepare guidelines for formulating a regional supply and demand plan under Article 5 (2) of the Act (hereinafter referred to as "regional supply and demand plan") and notify the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) of such guidelines. <Amended on Mar. 15, 2010; Jul. 20, 2015; Jan. 28, 2016> |
(3) | The Mayor/Do Governor and the head of a Si/Gun/Gu shall formulate a regional supply and demand plan every 5 years, and the regional supply and demand plan shall include the following matters: <Amended on Jul. 20, 2015> |
1. | Basic direction of the regional supply and demand plan; |
2. | Matters regarding the number of births and the number of deaths by year in the jurisdiction and the trend of changes thereof; |
3. | Matters regarding the number of buried persons, the number of inurned persons, the number of persons naturally buried, and the trend of changes thereof; |
4. | Matters regarding the installation, development, and management of funeral service establishments; |
5. | Plans for the maintenance or expansion of existing funeral service establishments, etc., and matters regarding the financing thereof; |
6. | Matters regarding a general survey of graves under Article 11 of the Act and the disposal of unclaimed graves under Article 28 of the Act; |
7. | Matters necessary for the adjustment of the supply of and demand for funeral service establishments between regions, the joint installation of funeral service establishments, the mediation of conflicts on funeral service establishments, etc. |
(4) | The Mayor/Do Governor and the head of a Si/Gun/Gu shall prepare a regional supply and demand plan in accordance with the guidelines for formulating a regional supply and demand plan under paragraph (2). <Amended on Jul. 20, 2015> |
(5) | When a Mayor/Do Governor (excluding a Special Self-Governing City Mayor and a Special Self-Governing Province Governor) formulates a regional supply and demand plan, he or she shall hear opinions of the head of the competent Si/Gun/Gu in advance on the supply and demand plan for funeral service establishments for each jurisdiction. <Amended on Jul. 20, 2015> |
(6) | The Minister of Health and Welfare shall finalize matters to be consulted through consultation under Article 5 (5) of the Act and notify the head of the relevant central administrative agency and the Mayor/Do Governor thereof. <Amended on Mar. 15, 2010> |
(7) | If the Minister of Health and Welfare deems it necessary according to the results of evaluating the performance results of a comprehensive plan, he or she shall modify the comprehensive plan or reflect the results thereof in the formulation of the next comprehensive plan. In such cases, the Mayor/Do Governor and the head of a Si/Gun/Gu shall modify the regional supply and demand plan in accordance with the modified comprehensive plan. <Amended on Mar. 15, 2010; Jul. 20, 2015> |
(8) | If necessary to evaluate the performance results of a comprehensive plan pursuant to paragraph (7), the Minister of Health and Welfare may require a Mayor/Do Governor and the head of a Si/Gun/Gu to submit annual performance results of a regional supply and demand plan. In such cases, the Mayor/Do Governor and the head of a Si/Gun/Gu shall comply with such request unless there is a compelling reason not to do so. <Amended on Mar. 15, 2010; Jul. 20, 2015> |
(9) | The Minister of Health and Welfare may reflect the results of annual evaluation of the performance results of regional supply and demand plans received pursuant to paragraph (8) in subsidizing expenses under Article 36 of the Act, taking into consideration the results of such evaluation. <Amended on Mar. 15, 2010; Jul. 20, 2015> |
(10) | Except as provided in this Decree, matters regarding the formulation and modification of comprehensive plans shall be determined by the Minister of Health and Welfare, and matters regarding the formulation and modification of regional supply and demand plans shall be determined by Mayors/Do Governors and the heads of Sis/Guns/Gus. <Amended on Mar. 15, 2010; Jul. 20, 2015> |
Article 5 (Temporal restriction of burial and cremation) |
“Dead bodies prescribed by Presidential Decree” in the proviso of Article 6 of the Act means any of the following bodies: <Amended on Dec. 29, 2010; May 30, 2011; Jul. 20, 2015>
Article 6 (Cremation in facilities other than crematory facilities) |
“Cases prescribed by Presidential Decree” in the proviso of Article 7 (2) of the Act means any of the following cases: <Amended on Jul. 20, 2015> 1. | Where cremation is performed in a Buddhist funeral rite within the perimeter of a temple; |
2. | Where a dead body under subparagraph 1 of Article 5 is cremated in an island without a crematory facility. |
Article 7 (Methods of burial, cremation, and reburial) |
The methods and standards for burial, cremation, and reburial under Article 9 (2) of the Act shall be as follows: <Amended on Jul. 20, 2015> (a) | A dead body or uncremated remains shall be treated sanitarily, and the depth of the burial shall be at least 1 meter from the ground; |
(b) | If cremated remains are buried, the depth of the burial shall be at least 30 centimeters from the ground; |
(a) | A dead body or uncremated remains shall be completely buried so as not to harm public health; |
(b) | When cremating, neither substance generating environmental pollution, such as chemical synthetic fibers and vinyl products, nor substance that causes errors in the operation of cremators or poses a risk of explosion (including metal, glass, or carbon products, such as mobile telephones, pacemakers, and bottles) shall be placed in the coffin; |
The methods and standards for burial under subparagraph 1 and cremation under subparagraph 2 shall be followed, and the previous grave pit resulting from the reburial shall be filled after disposing of the dead body or remains.
Article 8 (Methods of natural burial and standards for containers) |
(1) | The methods of natural burial under Article 10 (3) of the Act shall be as follows: |
1. | Bone dust of cremated remains shall be buried at a depth of not less than 30 centimeters from the ground, and if a container is not used, it shall be buried by mixing it with soil; |
2. | No article or thing left by the deceased shall be buried together with the bone dust of cremated remains, soil, and the container. |
(2) | A container used for natural burial pursuant to Article 10 (3) of the Act shall be made of any of the following materials: <Amended on Jul. 20, 2015> |
2. | Natural materials, such as starch, which can be biochemically decomposed. |
(3) | Deleted. <Jul. 20, 2015> |
Article 9 (Disposition of unclaimed dead bodies) |
(1) | The period of burial or inurnment of unclaimed dead bodies, etc. under Article 12 (1) of the Act shall be 5 years; provided, a person deemed to have contributed to the State or society may be inurned for more than 5 years, as prescribed by ordinance of a Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu (referring to an autonomous Gu). <Amended on Jul. 20, 2015; Dec. 29, 2017; Jan. 7, 2020> |
(2) | When the period of burial or inurnment under paragraph (1) expires, the head of a Si, etc. shall cremate the remains which have been buried or inurned (excluding the remains already cremated) and spread the cremated remains in a facility where the such remains may be spread in a funeral service establishment or shall dispose them through natural burial. <Amended on Jul. 20, 2015; Jun. 19, 2018> |
[Title Amended on Jul. 20, 2015]
Article 10 (Public notice of public natural burial grounds) |
Upon developing a woodland burial ground or other natural burial grounds pursuant to Article 13 (4) of the Act, the Minister of the Korea Forest Service, the head of another central administrative agency, or the head of a local government shall publicly notify the following matters: 2. | A sketch map showing administrative districts, lot numbers, and locations; |
3. | The total area and the scale of woodland burial grounds and other natural burial grounds; |
4. | Methods and procedures for use, such as usage fees and management expenses; |
5. | Other matters necessary for operating woodland burial grounds or natural burial grounds. |
Article 11 (Standards for establishment of public cemeteries) |
The standards for the establishment and development of public natural burial grounds, such as public cemeteries, public crematory facilities, public charnel facilities, and woodland burial grounds, under Article 13 (7) of the Act shall be as specified in Appendix 1. <Amended on Aug. 29, 2016>
Article 12 (Reporting on change of individual cemetery) |
“Matters prescribed by Presidential Decree” in the latter part of Article 14 (2) of the Act means any of the following matters: <Amended on Jan. 7, 2020> 1. | Matters regarding the area of an individual cemetery; |
2. | Matters regarding the installation of facilities related to an individual cemetery; |
3. | Matters regarding the form of graves; provided, this shall not apply where it is changed from a grave with a burial mound or a flat mound to a grave without mound. |
Article 13 (Permission to change family cemeteries) |
"Matters prescribed by Presidential Decree" in the latter part of Article 14 (4) of the Act means any of the following matters: <Amended on Jan. 7, 2020> 1. | The area of a family cemetery, a clan cemetery, or a corporate cemetery; |
2. | The installation of stoneworks and access roads (limited to family cemeteries and clan cemeteries); |
3. | Persons who establish or manage clan cemeteries or corporate cemeteries. |
Article 14 (Cemetery for which legal fiction as permission to fell standing timber is restricted) |
“Area prescribed by Presidential Decree” in the proviso of Article 14 (6) of the Act means 100 square meters. <Amended on Aug. 29, 2016; Jan. 7, 2020>
Article 15 (Standards for establishment of private cemeteries) |
The standards for the establishment of private cemeteries under Article 14 (9) of the Act, such as the area of establishment, types of graves, places of establishment, etc. shall be as specified in Appendix 2. <Amended on Aug. 29, 2016; Jan. 7, 2020>
Article 16 (Reporting on change of private crematory facilities) |
“Matters prescribed by Presidential Decree” in the latter part of Article 15 (1) of the Act means any of the following matters: 1. | Persons who establish or manage private crematory facilities or private charnel facilities; |
2. | Crematoriums or charnel facilities. |
Article 17 (Scope of public corporations) |
“Public corporation prescribed by Presidential Decree” in the proviso of Article 15 (4) of the Act and Article 16 (6) 2 of the Act means any of the following public corporations: <Amended on Sep. 21, 2009; Mar. 15, 2010; Jul. 31, 2012; Jun. 19, 2018; Jan. 7, 2020> 6. | Other institutions determined and publicly notified by the Minister of Health and Welfare for the improvement of funeral service culture and the promotion of public welfare. |
Article 18 (Standards for establishment of private crematory facilities) |
(1) | The standards for the establishment of private crematory facilities and private charnel facilities under Article 15 (6) of the Act, such as the area and place of establishment, shall be as specified in Appendix 3. <Amended on Jul. 20, 2015; Jan. 7, 2020> |
(2) | Deleted. <Jul. 20, 2015> |
Article 19 (Matters subject to reporting on changes in natural burial grounds for individuals and families and natural burial grounds for clans) |
(1) | “Matters prescribed by Presidential Decree” in the latter part of Article 16 (2) of the Act means matters regarding the area of an individual natural burial ground. <Amended on Aug. 29, 2016> |
(2) | “Matters prescribed by Presidential Decree” in the latter part of Article 16 (3) of the Act means any of the following: <Added on Jul. 31, 2012; Aug. 29, 2016> |
1. | Areas of natural burial grounds for families or natural burial grounds for clans; |
2. | Signs of natural burial grounds for clans; |
3. | Persons who develop or manage natural burial grounds for families or natural burial grounds for clans. |
[Title Amended on Jul. 31, 2012]
Article 20 (Permission for natural burial grounds for corporations, etc. and permission for change thereof) |
(1) | A person who intends to obtain permission to develop a natural burial ground for a corporation, etc. pursuant to Article 16 (5) of the Act shall submit the following documents to the head of a Si, etc., as prescribed by Ministerial Decree of Health and Welfare. In such cases, the head of a Si, etc. shall verify the cadastral map or forest land map through administrative data matching under Article 36 (1) of the Electronic Government Act: <Amended on Jul. 31, 2012; Jun. 19, 2018; Jan. 7, 2020> |
1. | The following documents in cases of a natural burial ground of a religious organization: |
(a) | Documents substantiating that the applicant is a religious organization; |
(b) | Documents substantiating that the land to be used as a natural burial ground is owned by the religious organization; |
(c) | A survey map and a soil survey report; |
(d) | An average gradient survey report prepared by a person holding a certificate of a forest engineer, civil engineer, land surveying engineer, or geographical and spatial information engineer or higher; |
(e) | A management and operation plan, including the cost of a natural burial ground development project, a financing plan, and disaster plans; |
2. | The following documents in cases of a natural burial ground for a corporation, etc.: |
(a) | The articles of incorporation of the corporation, a list of properties, and a list of executive officers of the corporation; |
(b) | Documents classified as follows: |
(i) | If a corporation intends to develop a natural burial ground by using its own land: A document substantiating that the relevant land is owned by the corporation itself; |
(ii) | If a public corporation referred to in Article 17 intends to develop a natural burial ground by obtaining permission for use of land or entering into a lease contract pursuant to the State Forest Administration and Management Act, or to develop a natural burial ground by obtaining permission for use or profit-making from land or entering into a lease contract pursuant to the Public Property and Commodity Management Act: A written permission for use of the relevant land (including a written permission for use or profit-making) or a written lease contract; |
(c) | An infrastructure plan, such as waterworks, landscaping, telecommunications, roads, and disaster prevention facilities; |
(d) | Plans for the development the natural burial ground, process plans, and plans for installation of major facilities of the natural burial ground (including layouts, floor plans, and structural drawings); |
(e) | Documents referred to in subparagraph 1 (c) through (e). |
(2) | A person who intends to obtain permission to change the development of a natural burial ground for a corporation, etc. pursuant to the latter part of Article 16 (5) of the Act shall submit plans for change and drawings thereof to the head of a Si, etc., as prescribed by Ministerial Decree of Health and Welfare <Amended on Mar. 15, 2010; Jul. 31, 2012; Jan. 7, 2020> |
(3) | If the head of a Si, etc. receives an application for permission to develop a natural burial ground for a corporation, etc. pursuant to paragraphs (1) and (2), he or she shall notify the applicant to perform the matters stated in the application for permission to develop a natural burial ground for a corporation, etc. and verify whether they are performed, and shall issue a certificate of permission to develop a natural burial ground after confirming that construction works for developing the relevant natural burial ground have been completed. The same shall also apply where he or she grants permission to change the development of a natural burial ground for a corporation, etc. <Amended on Jul. 31, 2012> |
(4) | Matters subject to permission to change the development of a natural burial ground for a corporation, etc. under the latter part of Article 16 (5) of the Act shall be as follows: <Amended on Jul. 31, 2012; Jan. 7, 2020> |
1. | The area of a natural burial ground for a corporation, etc.; |
2. | The sign of a natural burial ground for a corporation, etc.; |
3. | A person who develops or manages a natural burial ground for a corporation, etc. |
[Title Amended on Jul. 31, 2012]
Article 21 (Standards for establishment of private natural burial grounds) |
(1) | The area of each type of private natural burial grounds (excluding private woodland burial grounds), standards for signs, types of convenience facilities, and the standards for the installation of convenience facilities under Article 16 (9) of the Act shall be as specified in Appendix 4. <Amended on Jul. 31, 2012; Jul. 20, 2015; Jan. 7, 2020> |
(2) | The area of private woodland burial grounds, standards for signs, types of convenience facilities, and standards for the installation of convenience facilities under Article 16 (9) of the Act shall be as specified in Appendix 5. <Amended on Jul. 31, 2012; Jul. 20, 2015; Jan. 7, 2020> |
(3) | Deleted. <Jul. 20, 2015> |
Article 21-2 (Woodland burial grounds for which legal fiction of reporting on felling standing timber is restricted) |
“Area prescribed by Presidential Decree” in the proviso of Article 16 (10) of the Act means 100 square meters. <Amended on Jan. 7, 2020> [This Article Added on Aug. 29, 2016]
Article 22 (Areas subject to restriction on establishment of cemeteries) |
(1) | “Area prescribed by Presidential Decree among the green areas” in subparagraph 1 of Article 17 of the Act means an area in which the establishment and development of a cemetery, crematory facility, charnel facility, or natural burial ground is restricted under statutes or regulations governing the planning and utilization of the national land. |
(2) | “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” in the proviso of subparagraph 2 of Article 17 of the Act means a charnel facility of less than 10 square meters or a natural burial ground of less than 20 square meters established or developed by any of the following persons, who resides in a water source protection zone under the Water Supply and Waterworks Installation Act: |
1. | A person who has continuously resided in the relevant area before it is designated as a water source protection zone; |
2. | A person who resides in the relevant zone at the time of designation as a water supply protection zone and resides outside the relevant zone for up to 3 years due to his or her livelihood or other reasons; |
3. | A person who succeeds to the family business of a person who resided in the relevant area, while residing outside the relevant zone due to his or her livelihood or other reasons while having resided in the relevant area at the time of designation of a water supply protection zone. |
(3) | “Size prescribed by Presidential Decree” in the proviso of subparagraph 3 of Article 17 of the Act means 100,000 square meters. <Amended on Oct. 29, 2012; Jun. 19, 2018> |
(4) | “Areas prescribed by Presidential Decree” in subparagraph 4 of Article 17 of the Act means any of the following areas or zones: <Amended on Sep. 22, 2008; Mar. 9, 2010; Jul. 20, 2012; Jun. 17, 2013; Jul. 14, 2014; Jul. 20, 2015; Jan. 28, 2016; May. 29, 2017; Jun. 19, 2018; Jun. 19, 2018; Jan. 7, 2020> |
(a) | In cases of crematory facilities, charnel facilities, and natural burial grounds: Areas where the relevant facilities may be installed and developed pursuant to statutes or regulations governing the planning and utilization of the national land; |
(b) | In cases of natural burial grounds for individuals and family members under Article 16 (1) 1 of the Act: General residential areas and quasi-residential areas among residential areas under Article 30 (1) 1 of the Enforcement Decree of the National Land Planning and Utilization Act, general commercial areas, neighboring commercial areas, and distribution business areas among commercial areas under subparagraph 2 of that paragraph, and general industrial areas and quasi-industrial areas among industrial areas under subparagraph 3 of that paragraph; |
2. | Any of the following riparian zones or special measures areas: |
(a) | A riparian zone designated and publicly notified pursuant to Article 4 of the Act on the Improvement of Water Quality and Support for Residents of the Han River Basin; Article 4 of the Act on Water Management and Resident Support in the Nakdong River Basin; Article 4 of the Act on Water Management and Resident Support in the Geum River Basin; Article 4 of the Act on Water Management and Resident Support in the Geum River Basin; and Article 4 of the Act on Water Management and Resident Support in the Yeongsan and Seomjin River Basins; |
(b) | A special measures area designated and publicly notified pursuant to Article 38 of the Framework Act on Environmental Policy [limited to cases where a public cemetery or corporate cemetery in an area for the preservation of water source quality, a charnel grave, a charnel pagoda, and charnel walls (referring to a charnel facility in the form of walls and fences; hereinafter the same shall apply) of at least 100,000 square meters, which are established by an incorporated foundation under Article 15 (4) of the Act, or a natural burial ground of at least 100,000 square meters, which is newly established and developed by a corporation under Article 21 of this Decree]; |
6. | A forest conservation zone under Article 7 of the Forest Protection Act; provided, excluded herefrom shall be the cases where a forest conservation zone under Article 7 of the Forest Protection Act is established or developed within a living environment conservation zone under Article 7 (1) 1 of that Act, a landscape conservation zone under Article 7 (1) 2 of that Act, a scenery conservation zone under subparagraph 2 of that Article, or a zone prescribed by Ministerial Decree of Health and Welfare among water source development conservation zones under subparagraph 3 of that Article, satisfying all of the following requirements: |
(a) | The area of a woodland burial ground shall be less than 100,000 square meters; |
(b) | The management office, convenient facilities for bereaved family members, communal incense altars, and parking lots shall be established outside the forest conservation zone; |
8. | Baaekdudaegan Protection Areas designated and publicly notified pursuant to Article 6 of the Baekdudaegan Protection Act; |
11. | Areas prescribed by ordinance of a local government, which are prone to collapse, flooding, etc. thereby causing harm to health and hygiene. |
Article 23 (Standards for installation of facilities for each grave, charnel grave, or charnel pagoda) |
(1) | Facilities that may be installed for each grave, charnel grave, or charnel pagoda under Article 18 (4) of the Act shall be as follows: |
1. | A tombstone (within 2 meters from the ground and the surface area of which shall not exceed 3 square meters); |
3. | A piece or pair of other stone sculptures (within 2 meters from the ground); provided, no human figure may be installed. |
(2) | No facilities referred to in paragraph (1) shall be installed in any area other than a cemetery, charnel cemetery, or charnel pagoda. |
Article 24 (Inurnment of graves or unclaimed graves whose establishment period has expired) |
(1) | The period of inurnment of remains under Articles 20 (2) and 28 (1) of the Act shall be 5 years. <Amended on Jun. 19, 2018; Jan. 7, 2020> |
(2) | Upon the expiration of the period of inurnment under paragraph (1), the person who has established the public or private cemetery, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall cremate the remains which were inurned (excluding the remains already cremated) and spread such remains in a facility where such remains may be spread in a funeral service establishment or dispose them through natural burial. <Amended on Jun. 19, 2018> |
Article 25 (Advance purchase and sale of cemetery lots) |
“Cases prescribed by Presidential Decree” in the proviso of Article 21 of the Act means any of the following cases: <Amended on May 30, 2011> 1. | Where it is intended to use it as a cemetery for a person 70 years of age or older; |
2. | Where it is intended to use it as a cemetery for a brain-dead person under subparagraph 5 of Article 4 of the Organ Transplant Act; |
3. | Where it is intended to use it as a cemetery for a person expected to die within 6 months due to a disease, etc. (limited to cases where a medical certificate of a doctor is attached); |
4. | Where it is intended to use it as joint burial plots (limited to the spouse of the buried person); |
5. | Where it is prescribed by ordinance of a local government for the supply of and demand for public cemeteries. |
Article 26 (Accumulation of management funds for private cemeteries) |
“Facility ... prescribed by Presidential Decree” in Article 25 (1) of the Act means any of the following funeral service establishments: 1. | A private cemetery, a private charnel facility, and a private natural burial ground established (or developed) or operated by a corporation; |
2. | A private charnel facility or a private natural burial ground in which at least 500 remains operated by a religious organization can be enshrined; |
3. | Any other private cemetery or private charnel facility operated for a large number of unspecified persons. |
Article 26-2 (Disposition of graves established on another person's land) |
(1) | The period of inurnment of remains under the proviso of Article 27 (2) of the Act shall be 5 years. <Amended on May 7, 2024> |
(2) | Upon the expiration of the period of inurnment under paragraph (1), the landowner (including occupants or other managers), the establisher of the cemetery, or a relative shall cremate the remains which have been inurned (excluding the remains already cremated) and spread them in a facility where such remains may be spread in a funeral service establishment or dispose them through natural burial. <Amended on Jun. 19, 2018> |
[This Article Added on Jan. 28, 2016]
Article 26-3 (Persons eligible for use of public funeral homes) |
(1) | A funeral home established and operated by a Mayor/Do Governor or the head of a Si/Gun/Gu pursuant to Article 28-2 (1) of the Act may be used by a person who intends to hold a funeral ritual for the deceased; provided, if necessary in consideration of the circumstances of use, etc. of the funeral home, detailed standards for persons eligible for use may be separately prescribed by ordinance of the relevant local government. |
(2) | Notwithstanding paragraph (1), a Mayor/Do Governor or the head of a Si/Gun/Gu shall preferentially allow the use of a funeral home if any of the following persons dies or if an unclaimed dead body, etc. is disposed of pursuant to Article 12 (1) of the Act: |
[This Article Added on Aug. 29, 2016]
[Previous Article 26-3 moved to Article 26-4 <Aug. 29, 2016>]
Article 26-4 (Standards for facilities, equipment, and safety of funeral homes) |
(1) | A person who intends to establish and operate a funeral home shall meet the standards for the facilities, equipment, and safety of funeral homes as necessary for the following purposes pursuant to Article 28-2 (1) or 29 (1) of the Act: <Amended on Aug. 29, 2016> |
1. | Storing, placing, shrouding, or transporting dead bodies; |
2. | A condolence call, eulogy, and the departure of a funeral procession; |
3. | Managing funeral homes; |
4. | Preparing for emergency disaster and managing safety. |
(2) | Detailed standards for facilities, equipment, and safety under paragraph (1) shall be prescribed by Ministerial Decree of Health and Welfare. |
[This Article Added on Jan. 28, 2016]
[Moved from Article 26-3; previous Article 26-4 moved to Article 26-5 <Aug. 29, 2016>]
Article 26-5 (Collection and provision of information on the deceased) |
(1) | “Person who installs or operates a funeral service establishment” in Article 33-3 (1) of the Act means any of the following persons: <Added on Aug. 29, 2016; Jan. 7, 2020> |
1. | A person who installs, develops, or manages a public cemetery, public crematory facility, public charnel facility, public natural burial grounds, or woodland burial grounds pursuant to Article 13 of the Act (where the relevant authority or duties are delegated or entrusted, referring to a person to whom such authority or duties are delegated or entrusted); |
2. | A person who establishes or manages a corporate cemetery pursuant to Article 14 (4) of the Act; |
3. | A person who installs or manages any of the following facilities pursuant to Article 15 (1) of the Act: |
(a) | A private crematory facility; |
(b) | A charnel facility established by a corporation or religious organization out of private charnel facilities; |
4. | A person who develops or manages a natural burial ground for a corporation, etc. pursuant to Article 16 (5) of the Act; |
5. | A Mayor/Do Governor or the head of a Si/Gun/Gu (if the relevant authority or duties are delegated or entrusted, referring to a person to whom the relevant authority or duties are delegated or entrusted) who establishes and operates a funeral home pursuant to Article 28-2 (1) of the Act; |
6. | A funeral home business entity under Article 29 (3) of the Act. |
(2) | “Information on the deceased prescribed by Presidential Decree, such as his or her name and gender” in Article 33-3 (1) of the Act means the following information on the dead body, remains, and bone dust of a deceased person, except for a deceased fetus: <Amended on Aug. 29, 2016> |
1. | Personal information of the deceased: |
(b) | Resident registration number; provided, in cases of aliens, Korean nationals residing abroad defined in subparagraph 1 of Article 2 of the Act on the Immigration and Legal Status of Overseas Koreans (limited to Korean nationals residing abroad without resident registration; hereinafter referred to as "Korean nationals residing abroad"), and foreign nationality Koreans defined in subparagraph 2 of that Article (hereinafter referred to as "foreign nationality Koreans"), the following information: |
(ii) | A Korean national residing abroad: The date of birth; |
(ii) | A Korean national residing abroad: Actual place of residence; |
2. | The date of death and the date of use of funeral service establishments. |
(3) | In any of the following cases pursuant to Article 33-3 (2) of the Act, the Minister of Health and Welfare may provide information referred to in the subparagraphs of paragraph (2) to central administrative agencies, local governments, public organizations, etc.: <Amended on Aug. 29, 2016> |
1. | Where it is necessary to verify whether various pensions and welfare benefits are properly paid; |
4. | Where otherwise provided by other statutes or where inevitable to comply with obligations under other statutes or regulations. |
[This Article Added on Jan. 28, 2016]
[Moved from Article 26-4 <Aug. 29, 2016>]
Article 27 Deleted. <Jan. 7, 2020> |
Article 28 Deleted. <Jan. 7, 2020> |
Article 29 Deleted. <Jan. 7, 2020> |
Article 30 Deleted. <Jan. 7, 2020> |
Article 31 Deleted. <Jan. 7, 2020> |
Article 32 Deleted. <Jan. 7, 2020> |
Article 33 Deleted. <Jan. 7, 2020> |
Article 34 Deleted. <Jan. 7, 2020> |
Article 35 (Designation of State conservation cemeteries) |
(1) | If the owner or manager of a cemetery (hereinafter referred to as "owner, etc. of a cemetery") files an application for designation of a State conservation cemetery or grave (hereinafter referred to as "State conservation cemetery, etc.") accompanied by his or her review opinion with the Mayor/Do Governor having jurisdiction over the location of the cemetery, the Minister of Health and Welfare may designate the cemetery, etc. as a State conservation cemetery, etc. after seeking opinions from relevant agencies, such as the Administrator of the National Heritage Administration, and advice from related experts. <Amended on Mar. 15, 2010; Jan. 7, 2020; May 14, 2024> |
(2) | If the Minister of Health and Welfare designates a State conservation cemetery, etc. pursuant to paragraph (1), he or she shall publish the purport thereof in the Official Gazette and issue a certificate of designation of a State conservation cemetery, etc. to the owner, etc. of the relevant cemetery, etc. <Amended on Mar. 15, 2010> |
(3) | The standards for designation of a State conservation cemetery, etc. under paragraph (1) shall be prescribed by Ministerial Decree of Health and Welfare in consideration of the national value of conservation, etc. <Amended on Mar. 15, 2010> |
Article 36 (Designation of City/Do conservation cemeteries) |
(1) | If the owner, etc. of a cemetery files an application for designation of a City/Do conservation cemetery or grave (hereinafter referred to as "City/Do conservation cemetery, etc."), accompanied by the opinion of the head of a Si/Gun/Gu having jurisdiction over the location of the cemetery, the Mayor/Do Governor may designate the cemetery, etc. as a City/Do conservation cemetery, etc. after seeking opinions from relevant agencies and advice from relevant experts. <Amended on Jan. 7, 2020> |
(2) | If a Mayor/Do Governor designates a City/Do conservation cemetery, etc. pursuant to paragraph (1), he or she shall publish the purport thereof in the Official Gazette and issue a certificate of designation of a City/Do conservation cemetery, etc. to the owner, etc. of the relevant cemetery, etc. |
(3) | The standards for designating City/Do conservation cemeteries, etc. under paragraph (1) shall be prescribed by ordinance of the relevant City/Do. |
Article 37 (Cancellation of designation of conservation cemeteries) |
(1) | If the designation of a conservation cemetery or conservation grave is canceled or the scope of such designation is adjusted pursuant to Article 34 (5) of the Act, the Minister of Health and Welfare or a Mayor/Do Governor shall publish such fact in the Official Gazette or public gazette without delay and notify the owner, etc. of the relevant cemetery of such fact. |
(2) | The owner, etc. of a cemetery shall return the certificate of designation to the Minister of Health and Welfare or the Mayor/Do Governor within 30 days from the date of receipt of the notice of cancellation under paragraph (1). |
[This Article Wholly Amended on Jul. 20, 2015]
Article 38 (Classification of violations subject to penalty surcharges and amount of penalty surcharges) |
The types of violations subject to the imposition of penalty surcharges and the amount of penalty surcharges pursuant to the main clause of Article 35 (1) of the Act shall be as specified in Appendix 6. <Amended on Jul. 20, 2015>
Article 39 (Imposition and payment of penalty surcharges) |
(1) | When the head of a Si, etc. imposes a penalty surcharge pursuant to the main clause of Article 35 (1) of the Act, he or she shall give a written notice of the payment of the penalty surcharge, specifying the type of violation, the amount of the relevant penalty surcharge, etc. <Amended on Jul. 20, 2015> |
(2) | A person who has been given notice pursuant to paragraph (1) shall pay the penalty surcharge to the receiving agency determined by the head of a Si, etc. within 20 days from the date of receipt of the notice. <Amended on Jul. 20, 2015; Dec. 12, 2023> |
(3) | Upon receipt of a penalty surcharge pursuant to paragraph (2), the receiving agency shall issue a receipt to the payer. |
(4) | Upon receipt of a penalty surcharge under paragraph (2), the receiving agency shall notify the head of a Si, etc. of such fact without delay. |
(5) | Deleted. <Sep. 24, 2021> |
Article 40 (Standards and methods for designation of entrusted institutions) |
If the head of a central administrative agency intends to entrust the relevant business affairs to a public corporation or any other non-profit corporation pursuant to Article 38 (2) of the Act, he or she shall designate a trustee through open recruitment, by comprehensively taking into account the financial capacity, public confidence, business performance capacity, etc. of the trustee. <Amended on Jul. 20, 2015; Aug. 29, 2016; Nov. 1, 2022>
Article 40-2 (Processing of sensitive information and personally identifiable information) |
The Minister of Health and Welfare, the heads of other central administrative agencies, or the heads of local governments (where the relevant authority is delegated or entrusted, including persons to whom the relevant authority is delegated or entrusted) may process data containing genetic information under subparagraph 1 of Article 18 of the Enforcement Decree of the Personal Information Protection Act (limited to the business affairs referred to in subparagraph 3), information corresponding to the criminal history records under subparagraph 2 of the same Article (limited to the business affairs referred to in subparagraph 15), and resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of that Enforcement Decree, if inevitable to perform the following affairs: <Amended on Jul. 20, 2015; Jan. 7, 2020; Dec. 20, 2022> 1. | Business affairs regarding reporting on burial, cremation, and reburial under Article 8 of the Act; |
2. | Business affairs regarding a general survey of cemeteries under Article 11 of the Act; |
3. | Business affairs regarding the disposal of unclaimed bodies, etc. under Article 12 of the Act; |
3-2. | Business affairs regarding the disposal of money and valuables under Article 12-2 of the Act; |
4. | Business affairs regarding the establishment, etc. of private cemeteries under Article 14 of the Act; |
5. | Business affairs regarding the establishment of private crematory facilities, etc. under Article 15 of the Act; |
6. | Business affairs regarding the development, etc. of natural burial grounds under Article 16 of the Act; |
7. | Business affairs regarding the extension, etc. of the period for installation of graves under Article 19 of the Act; |
8. | Business affairs regarding the disposal of graves whose period of installation has expired under Article 20 of the Act; |
9. | Business affairs regarding the recording and management of cemetery registers under Article 22 of the Act; |
10. | Business affairs regarding user fees or management fees for public cemeteries, etc. under Articles 23, 23-2, and 24 of the Act; |
11. | Business affairs regarding the closure, etc. of funeral service establishments under Article 26 of the Act; |
12. | Business affairs regarding the disposal, etc. of graves, etc. installed in another person's land, etc. under Article 27 of the Act; |
13. | Business affairs regarding the disposal of unclaimed graves under Article 28 of the Act; |
14. | Business affairs regarding funeral home business under Article 29 of the Act; |
15. | Business affairs regarding funeral directors under Article 29-2 of the Act. |
[This Article Added on Aug. 6, 2014]
[Previous Article 40-2 moved to Article 40-3 <Aug. 6, 2014>]
Article 40-3 (Re-examination of regulation) |
The Minister of Environment shall examine the appropriateness of the following matters every 3 years, counting from each base date specified in the following subparagraphs (referring to the period that ends on the day before the base date of every 3rd year) and shall take measures, such as making improvements: <Amended on Jul. 20, 2015>
1. | Report of change in private cemetery pursuant to Article 12: January 1, 2014; |
2. | Permission to change a family cemetery, etc. under Article 13: January 1, 2014; |
3. | Graveyards subject to restriction on the legal fiction of permission to fell standing timber, etc. under Article 14: January 1, 2014; |
3-2. | Size of each type of private natural burial grounds, standards of signs, types of convenience facilities, and standards for installation under Article 21 (1) and Appendix 4: January 1, 2015; |
4. | Deleted. <Mar. 7, 2023> |
[This Article Added on Dec. 30, 2013]
[Moved from Article 40-2 <Aug. 6, 2014>]
Article 41 (Criteria for imposing administrative fines) |
The criteria for imposing administrative fines under Article 42 (1) of the Act shall be as specified in Appendix 7. [This Article Wholly Amended on Apr. 22, 2011]
ADDENDA <Presidential Decree No. 20791, May 26, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional measures concerning standards for installation of funeral service facilities)
The standards for installation of cemeteries, crematory facilities, or charnel facilities which have already been established or developed or are being established or developed pursuant to the previous provisions before this Decree enters into force shall be governed by the previous provisions.
Article 3 (Transitional measures concerning standards for establishment of public cemeteries)
The standards for the establishment of public cemeteries, public crematory facilities, and public charnel facilities established before April 20, 2002 shall be governed by the statutes or regulations governing funeral services, etc. prior to the enforcement date of the amended Enforcement Decree of the Act on Funeral Services (Presidential Decree No. 17586).
ADDENDA <Presidential Decree No. 21025, Sep. 22, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on October 1, 2009.
ADDENDA <Presidential Decree No. 22073, Mar. 9, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on March 10, 2010.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on May 5, 2010.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22564, Dec. 29, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on December 30, 2010. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 22906, Apr. 22, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22945, May 30, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on June 1, 2011.
ADDENDA <Presidential Decree No. 23967, Jul. 20, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on July 22, 2012. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 23996, Jul. 31, 2012>
This Decree shall enter into force on August 2, 2012.
ADDENDA <Presidential Decree No. 24018, Aug. 3, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on August 5, 2012.
ADDENDA <Presidential Decree No. 24020, Aug. 3, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on August 5, 2012. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24155, Oct. 29, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on November 1, 2012. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 24613, Jun. 17, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted)
ADDENDA <Presidential Decree No. 25456, Jul. 14, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on July 15, 2014.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 26418, Jul. 20, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to standards for installation and development of funeral service facilities)
(1) | The amended provisions of subparagraphs 1 (d) and 2 (f) of Appendix 2 shall also apply where it is intended to issue a disposal order under subparagraph 1 of Article 31 of the Act with respect to any private cemetery or family cemetery established or developed before this Decree enters into force. |
(2) | The amended provisions of subparagraphs 1 (c), 2 (c), 3 (a), 3 (a), (d), and 4 (d) of Appendix 4 shall also apply where an order to dispose of a private natural burial ground (excluding a private woodland burial ground) established and created before this Decree enters into force is intended to be issued under subparagraph 3 of Article 31 of the Act. |
(3) | The amended provisions of subparagraphs 1 (c), 2 (c), 3 (a), 3 (a), (d), and 4 (d) of Appendix 5 shall also apply where an order to dispose of a private woodland burial ground established and created before this Decree enters into force is intended to be issued under subparagraph 3 of Article 31 of the Act. |
Article 2 (Transitional measures concerning period of payment of penalty surcharges)
Notwithstanding the amended provisions of the proviso of Article 39 (2), the previous provisions shall apply to a person who has received a written notice of the imposition of a penalty surcharge pursuant to Article 39 (1) as at the time this Decree enters into force. Article 4 (Transitional Measures concerning Administrative Fines)
Where guidelines for the imposition of administrative fines apply to offenses committed before this Decree enters into force, the former provisions shall apply to such offenses, notwithstanding the amended provisions of subparagraph 2 of Appendix 7.
ADDENDUM <Presidential Decree No. 26937, Jan. 28, 2016>
This Decree shall enter into force on January 29, 2016.
ADDENDA <Presidential Decree No. 27468, Aug. 29, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on August 30, 2016.
Article 2 (Applicability to standards for establishment of private natural burial grounds)
The amended provisions of subparagraph 1 (a) of Appendix 4 shall begin to apply to private natural burial grounds developed after this Decree enters into force.
Article 3 (Transitional measures concerning calculation of penalty surcharges)
The application of criteria for calculating penalty surcharges for violations committed before this Decree enters into force shall be governed by former provisions notwithstanding the amended provisions of subparagraph 2 of Appendix 6.
ADDENDA <Presidential Decree No. 28064, May 29, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on June 3, 2017.
ADDENDA <Presidential Decree No. 28074, May 29, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on May 30, 2017.
ADDENDA <Presidential Decree No. 28521, Dec. 29, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 28981, Jun. 19, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of subparagraphs 2 (h) through (Z) of Appendix 7 shall enter into force on June 20, 2018.
Article 2 (Applicability to permission to develop natural burial ground for corporations)
The amended provisions of Article 20 (1) 2 (b) shall also apply where an application for permission to develop a natural burial ground for a corporation is filed before this Decree enters into force. Article 3 (Applicability to standards for establishment of natural burial grounds developed by religious organizations)
The amended provisions of subparagraph 3 (e) of Appendix 4 shall also apply where an application for permission to develop a natural burial ground created by a religious organization is filed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 29395, Dec. 18, 2018>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 29804, Jun. 4, 2019>
Article 1 (Enforcement date)
This Decree shall enter into force on June 12, 2019.
Articles 2 (Transitional measures for standards for calculating penalty surcharges) The application of criteria for calculating penalty surcharges for violations committed before this Decree enters into force shall be governed by former provisions notwithstanding the amended provisions of Appendix 6.
ADDENDA <Presidential Decree No. 30332, Jan. 7, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to reporting on change of private cemetery)
The amended provisions of the proviso to subparagraph 3 of Article 12 shall also apply to cases where a grave with a burial mound or a flat mound is changed to a grave without mound before this Decree enters into force and the change has not been reported before this Decree enters into force. Article 3 (Transitional measures concerning disposal of unclaimed bodies)
Notwithstanding the amended provisions of Article 9 (1), the previous provisions shall apply where an unclaimed dead body, etc. is buried or inurned before this Decree enters into force. Article 4 (Transitional measures concerning inurnment of graves or unclaimed graves whose establishment period has expired)
Notwithstanding the amended provisions of Article 24 (1), the previous provisions shall apply where the buried remains are inurned before this Decree enters into force.
ADDENDA <Presidential Decree No. 32014, Sep. 24, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 32375, Jan. 28, 2022>
This Decree shall enter into force on January 28, 2022; provided, the amended provisions of subparagraph 2 (d) and (e) of Appendix 7 shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32977, Nov. 1, 2022>
This Decree shall enter into force 6 months after the date of its promulgation.
ADDENDUM <Presidential Decree No. 33112, Dec. 20, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 33321, Mar. 7, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 33913, Dec. 12, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 34498, May 7, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional measures concerning inurnment period of dead bodies and remains buried in graves established on another person's land)
Notwithstanding the amended provisions of Article 26-2 (1), the previous provisions shall apply to the period of inurnment if cremated remains have been inurned pursuant to the proviso of Article 27 (2) of the Act before this Decree enters into force.
ADDENDA <Presidential Decree No. 34505, May 14, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on May 17, 2024.