| Title |
A Study on the Legal Types of Urban Cemeteries- Focusing on Approaches to Circumvent the Urban Cemetery Prohibition Provision in theEnforcement Decree of the Act On Funeral Services - |
| Authors |
기세호(Kee, Se-Ho) ; 백진(Baek, Jin) |
| DOI |
https://doi.org/10.5659/JAIK.2024.40.1.101 |
| Keywords |
Cemetery; Urban Cemetery; Legal System; Act On Funeral Services; Legal Types |
| Abstract |
Cemeteries have always been an important urban institution. However, our cities exhibit a dual attitude, on one hand strongly opposing
cemeteries, and on the other supporting their establishment. In particular, Article 22, (4) 1. of the Enforcement Decree of the Act On Funeral
Services, enacted in 1969, directly prohibited urban cemeteries. Following this, the establishment of urban cemeteries became possible only
through approaches that circumvent this prohibition. Accordingly, our current urban cemeteries can be categorized into six types based on
approaches that circumvent this provision. This study has analyzed these types based on the nature(direct, indirect) and characteristics(area,
use, form, establisher & user) of the related laws. Firstly, national cemeteries are the type with the fewest constraints on establishment,
thanks to the provision of the Act On The Establishment And Management Of National Cemeteries, which takes precedence over the Act On
Funeral Services. However, owing to their uniqueness, there is a need to expand their relationship with the urban environment. Secondly,
general funeral service establishments are permitted in green areas, but due to practical constraints such as resident opposition, their
establishment is nearly impossible. Therefore, it is necessary to consider options for regenerating existing facilities to meet the demand.
Thirdly, cemetery parks, established under the exception provision of Article 22, (4) 1. (a) of the Enforcement Decree of the Act On Funeral
Services. They are regulated by the Act On Urban Parks And Green Areas and are well-known type of urban cemetery. However, they
currently cannot fulfill their intended role due to outdated criteria and changed programs of the urban park. Hence, there is a need to
consider reclassifying cemetery parks as living-zone parks rather than theme parks, making them more accessible to the citizens. Fourthly,
urban woodland burial sites are cemeteries established within development restriction zones and urban natural parks zones with the intention
of preserving nature. Despite their various advantages, there are few cases. Therefore, there is a need to connect them to the city through a
variety of forest programs. Fifthly, charnel houses installed within religious assembly facilities are cemeteries that can be established as part
of religious facilities in accordance with the provision of the Building Act. Although it is the most widely established type, there is a need
for formal standards for interior spaces and a reconsideration of unnecessary constraints. Lastly, natural burial grounds for an individual or a
family are the type allowed to be established under the exception provision of Article 22 (4) 1. (b) of the Enforcement Decree of the Act
On Funeral Services. While they have the advantage of being relatively easy to establish as private spaces, they lack significance as urban
institutions. By examining these six types, this study has tried to provide insights for the long-term settlement of our urban cemeteries. |