Article 1(Purpose) #
The purpose of this Act is to restrain extravagance and to stimulate sound social morale through driving off vanity and empty forms in family rituals and rationalizing the ritual procedures.
Article 2(Definition) #
In this Act, the term “family rituals” means weddings, mourning rites, religious services for ancestors, one’s 60th birthday anniversary, etc. which are performed as ritual within the family.
Article 3(General Standards for Family Rituals) #
(1) All people shall carry out the procedures for family rituals seriously and economically in accordance with the general standards under paragraph (2).
(2) The general standards for the family ritual procedures shall be prescribed by the Presidential Decree through the deliberation of the Family Ritual Council under Article 12 (1).
(3) The officials of the state or local governments, the staff and employees of the government invested agencies, and those who are in the social position to lead people, shall set an example to people by following the general standards for family rituals.
Article 4(Prohibition of Activities based on Vanity and Empty Forms) #
(1) One shall not do any of the activities of the following subparagraphs in the family rituals: Provided, That the activities as prescribed by the Presidential Decree within the true meaning of the family rituals shall not be prohibited:
1. Invitation of guests by sending print-materials such as invitation cards, etc.;
2. Announcement of death in a newspaper in the name of agencies, corporations, or organizations;
3. Display, use or donation with names of floral wreaths, flowerpots, or other similar ornaments;
4. Presentation of return gifts;
5. Wearing of mourning clothes and hood;
6. Use of funeral odes; and
7. Serving alcoholic drinks, food, and drinks during the period of congratulation and mourning.
(2) The provisions of paragraph (1) shall also be applied to the case of the funeral rites which are performed under the name of the State, local governments, corporations, or groups: Provided, That in case of the funeral rites as prescribed by the Presidential Decree, the provisions of paragraph (1) 2 and 3 shall not apply.
Article 5(Business of Ceremonial Halls, etc.) #
(1) The person who desires to provide a place where a family ritual is held (hereinafter referred to as “ceremonial hall”) or to run a matrimonial agency or matchmaking agency shall report to the head of Si (referred to as the Si where Gu is not established; hereinafter the same shall apply)/Gun/Ku. The same shall be applied when he changes the contents of his report.
(2) In case where the State, an local government, a government agency, a public organization, a religious organization, a medical institution, a school, a corporation, and an organization, etc. provides the ceremonial halls free of charge or at actual expense as prescribed by the Ordinance of the Ministry of Health and Welfare, it shall not be considered as a business as provided to in paragraph (1): Provided, That in the following cases, it shall not be applied: <Amended by Act No. 5454, Dec. 13, 1997>
1. In case of receiving commissions for providing a ceremonial hall and the services related to the ceremony, or of selling or renting equipments, things, food and drinks, etc. for money or fee in connection with the ceremony; and
2. In case of providing the ceremonial hall under the condition to use or buy the services, appliances, things, food and drinks, etc., sold or rented by the other person.
(3) The kinds of the business, the standards for the facilities as provided in paragraph (1), the obligations of the person who has reported (hereinafter referred to as “business operator”) under paragraph (1), and other matters necessary for the business report shall be prescribed by the Presidential Decree.
Article 6(Report of Rent Fees, Commissions, and etc.) #
(1) The business operator shall determine the rent fees and commissions for the business as provided in Article 5 (1), and report it to the head of Si/Gun/Ku. In case of changing them, the same shall apply.
(2) The business operator shall post the price list to indicate the fees and the prices for the things under paragraph (1) in the place where customers can see it easily, and shall not receive the fees and the prices exceeding the marked price.
(3) When the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the Do governor considers it necessary to stabilize the rent fees or commissions under paragraph (2), he may order the adjustment of the fees and commissions as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>
Article 7(Rejection of Receiving Report) #
In case of falling under one of the following subparagraphs, the report as provided in Article 5 (1) may not be accepted:
1. When the Presidential Decree considers the ceremonial hall business in the hotel or its accessory facilities as prescribed by the Public Health Act to be against the purpose of this Act owing to its vanity and empty forms and its waste;
2. When the business facilities do not meet the standards for the facilities as provided in Article 5 (3); and
3. When one desires to run the same kind of business in the same place though six months has not passed since he received the order to close his business under Article 9.
Article 8(Report of Closing and Suspension of Business, etc.) #
(1) When a business operator intends to close or suspend his business, he shall report it in accordance with the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5454, Dec. 13, 1997>
(2) The report of closing of the business, which has been submitted during the period of suspension of the business as provided in Article 9, shall be considered to be submitted at the expiration date of the period of suspension of the business.
Article 9(Administrative Measures) #
(1) In case where a business operator falls under one of the following subparagraphs, the head of Si/Gun/Gu shall give the business operator an order to close the business office or suspend his business within the period of six months or less: Provided, That if the business operator falls under the subparagraph 1 or 5, the head of Si/Gun/Gu shall order to close his business office:
1. When he does not open his business though three months has passed since he reported;
2. When he violates the provisions of Article 4 (1) 3;
3. When he violates the standard for the facilities and the obligations as prescribed in Article 5 (3);
4. When he violates the provisions of Article 6; or
5. When he runs a business during the period of suspension of the business.
(2) The detailed standards for the administrative measures as provided in paragraph (1) shall be prescribed by the Ordinance of the Ministry of Health and Welfare in consideration of the reason for the administrative measures and the degree of the violation, etc. <Amended by Act No. 5454, Dec. 13, 1997>
Article 10(Imposition of Fine) #
(1) When the head of Si/Gun/Gu shall order the suspension of the business because the business operator falls under one of the Article 9 (1) 2 through 4, if he deems that his order may produce great inconvenience to the customers of such business or do harm to the public good, etc., he may impose a fine not exceeding ten million won on the business operator under the Presidential Decree instead of suspending his business.
(2) The amount of a fine according to the kinds and degree of the violation under paragraph (1) and other necessary matters shall be determined by the Presidential Decree.
(3) When the business operator fails to pay the fine as referred to in paragraph (1) by the due date, the head of Si/Gun/Gu shall collect it according to the procedures for the local taxes in arrears.
Article 11(Hearing) #
In case where the head of Si/Gun/Gu intends to order the closing of a business office in accordance with the provisions of Article 9 (1), he shall hold a hearing.
[This Article Wholly Amended by Act No. 5453, Dec. 13, 1997]
Article 12(Family Ritual Council, etc.) #
(1) The Family Ritual Council shall be established in the Ministry of Health and Welfare in order to examine, study, and deliberate the matters concerning family rituals upon the request of the Minister of Health and Welfare and to promote the spread and practice of the general standards for family rituals. <Amended by Act No. 5454, Dec. 13, 1997>
(2) A Committee for Promotion of Family Rituals Practice shall be established in the Special Metropolitan City, Metropolitan City, Do (hereinafter referred to as a “City/ Do”), Si (referring to the Si where Gu is not established; hereinafter the same shall apply)/Gun/Gu to promote the spread and practice of the standards for family rituals. <Amended by Act No. 5454, Dec. 13, 1997>
(3) The necessary matters concerning the organization, duties, operation of the Family Ritual Council and the Committee for Promotion of Family Rituals Practice as prescribed in paragraphs (1) and (2) shall be provided by the Presidential Decree.
Article 13(Instructors for Family Rituals) #
(1) A Si/Gun/Gu shall employ instructors to instruct people in the matters concerning family rituals.
(2) The instructor for family rituals shall carry out the duties of the following subparagraphs:
1. Instruction to and enlightening people in the matters of family rituals; and
2. Guidance for and supervision of family ritual business.
Article 14(Penal Provisions) #
(1) The person who falls under one of the following subparagraphs shall be subject to imprisonment for not exceeding one year or to a fine not exceeding ten million won:
1. The person who runs a business without reporting as referred to in Article 5 (1); and
2. The person who runs a business though he has received the order to close the business office under Article 9 (1).
(2) In case where the person indicated in paragraph (1) is a corporation, not only the corporation shall be subject to a fine, but also its representative shall be subject to the penalty under paragraph (1).
Article 15(Penal Provision) #
(1) In case of violation of the provisions of Article 4, the person indicated in one of the following subparagraphs shall be subject to a fine not exceeding two million won:
1. The person for whom the wedding or 60th birthday anniversary feast, etc. is held;
2. The chief mourner in the mourning: Provided, That in case of violating the provisions of Article 4 (1) 5, the person who wears the mourning clothes; and
3. The person in charge of the religious service.
(2) If the person who falls under the paragraph (1) is under 14 years old, the person who has parental rights on him or his guardian who neglects his supervising duties shall be subject to the penalty.
(3) When there is a person who did the above activities against the intention of the person who falls under the paragraph (1), the person who acted shall be subject to the penalty.