ENFORCEMENT DECREE OF THE ACT ON FUNERAL SERVICES

Article 1(Purpose) #

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(Areas for scattering bone dust of cremated remains) #

"Area prescribed by Presidential Decree, such as marine area" in subparagraph 3 of Article 2 of the Act on Funeral Services (hereinafter referred to as the "Act") means the following:

1. Marine areas;

2. A cemetery, crematory facility, charnel facility, and natural burial ground with facilities or locations for scattering the bone dust of cremated remains.

[This Article Added on Jan. 21, 2025]

[Previous Article 2 moved to Article 2-2 <Jan. 21, 2025>]

Article 2-2(Appurtenant facilities of crematory facilities) #

"Appurtenant Facilities prescribed by Presidential Decree" in subparagraph 8 of Article 2 of the Act means the following facilities: <Amended on Jan. 21, 2025>

1. A chapel of rest and an incense room;

2. A waiting room for bereaved families and a convenience room;

3. An administrative office;

4. A parking lot;

5. Facilities for scattering cremated remains;

6. Facilities that sell funeral supplies or food, etc.

[This Article Added on Jul. 20, 2015]

[Moved from Article 2; previous Article 2-2 moved to Article 2-3 <Jun. 21, 2025>]

Article 2-3(Relatives) #

"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;

2. The head of a welfare facility for the homeless under Article 16 (1) 1 through 4 of the Act on Support for Welfare and Self-Reliance of the Homeless;

3. The heads of residential welfare facilities for senior citizens and medical welfare institutions for senior citizens among welfare facilities for senior citizens under Article 31 of the Welfare of Senior Citizens Act;

4. Community facilities for persons with disabilities under Article 58 (1) 1 of the Act on Welfare of Persons with Disabilities;

5. The head of a mental health sanatorium under Article 22 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients;

6. The head of a child welfare facility under Article 52 (1) 1 through 3 of the Child Welfare Act.

[Moved from Article 2-2 <Jan. 21, 2025>]

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;

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>

1. A dead body of a person died of an infectious disease defined in Article 2 of the Infectious Disease Control and Prevention Act (limited to cases where the head of a Si, etc. deems it necessary to take urgent measures to prevent the spread of an infectious disease);

2. A body whose organs, etc. have been removed under subparagraph 1 of Article 4 of the Organs Transplant after being determined to be brain-dead pursuant to Article 18 of the Organs Transplant Act.

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>

1. Burial:

(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;

2. Cremation:

(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;

3. Reburial:

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 (1) of the Act shall be according to the following classifications: <Amended on Jan. 21, 2025>

1. Where the bone dust of cremated remains is buried:

a. Bone dust shall be buried at a depth of not less than 30 centimeters from the earth surface, and shall be mixed with soil when a container is not used;

b. Only bone dust, soil, and containers may be buried, and other relics shall not be buried together;

2. Where the bone dust of cremated remains is scattered:

a. In cases of scattering in an area under Article 2 (1), the scattering shall be done close to the surface of the water to prevent bone dust from becoming airborne and at a distance of at least 5 kilometers away from the coastline of land, and shall not interfere with the navigation of other ships, fishing activities, or the cultivation of fish and animals; in such cases, only bone dust and live flowers may be scattered, and containers, relics, or other things shall not be discharged into the marine area;

b. In cases of scattering in an area under subparagraph 2 of Article 2, care shall be taken to prevent bone dust from becoming airborne; in such cases, if bone dust is scattered in a place where there is no facility for scattering bone dust, it shall be covered with grass afterward or mixed with clean soil before scattering, followed by sufficient watering to ensure absorption into the ground.

(2) The materials of containers used for natural burial pursuant to Article 10 (2) of the Act shall fall under any of the following subparagraphs: <Amended on Jul. 20, 2015; Jan. 21, 2025>

1. A product made of biodegradable resin defined in subparagraph 16 of Article 2 of the Act on the Promotion of Saving and Recycling of Resources;

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>

(3) "Persons prescribed by Presidential Decree, such as persons who have rendered distinguished service to the State under Article 4 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State" in Article 12 (3) of the Act means the following persons: <Added on Aug. 6, 2024>

1. Article 4 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;

2. Persons of distinguished services during special missions under Article 3 of the Act on Honorable Treatment of Persons of Distinguished Service during Special Missions and Establishment of Related Organizations;

3. Persons of distinguished service to the May 18 Democratization Movement under Article 4 of the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement and Establishment of Related Organizations;

4. Persons eligible for allowances under Article 7-3 (1) of the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants and Establishment of Related Organizations among patients suffering from actual or potential aftereffects of defoliants under subparagraph 3 of Article 2 of that Act.

[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:

1. Name;

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>

1. The National Pension Service under the National Pension Act;

2. The Government Employees Pension Service under the Public Officials Pension Act;

3. Forestry cooperatives and the National Forestry Cooperative Federation established under the Forestry Cooperatives Act;

3-2. The Korea Forest Welfare Institute under the Forest Welfare Promotion Act;

4. Agricultural cooperatives and the National Agricultural Cooperative Federation under the Agricultural Cooperatives Act;

5. The Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act;

5-2. A local public enterprise under the Local Public Enterprises Act;

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 Decree of the Ministry 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;

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 or zone prescribed by Presidential Decree" in subparagraph 1 of Article 17 of the Act means any of the following areas or zones: <Amended on Jan. 21, 2025>

1. Areas where the establishment and development of cemeteries, crematory facilities, charnel facilities, or natural burial grounds is restricted under statutes or regulations governing the planning and utilization of the national land, among green areas under Article 36 (1) 1 (d) of the National Land Planning and Utilization Act;

2. Areas where the establishment and development of cemeteries, crematory facilities, charnel facilities, or natural burial grounds are restricted under statutes or regulations governing the management of fishery resources, among fishery-resource protection zones under Article 40 of the National Land Planning and Utilization Act.

(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 5 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; Jan. 7, 2020; Jan. 21, 2025>

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);

2. A stone table;

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 Article 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:

1. A recipient defined in subparagraph 2 of Article 2 of the National Basic Living Security Act;

2. A recipient of self-support assistance under Article 7 (1) 7 of the National Basic Living Security Act, among persons in the second-lowest income bracket defined in subparagraph 10 of Article 2 of that Act;

3. A senior citizen living alone under Article 27-2 (1) of the Welfare of Senior Citizens 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 Decree of the Ministry 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:

(a) Name and gender;

(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:

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 Decree of the Ministry 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;

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; Mar. 7, 2023; Jan. 21, 2025>

1. Areas where bone dust from cremated remains may be scattered under Article 2, Article 8 (1) 2 (a), and Article 22: January 1, 2025;

2. Report of change in private cemetery pursuant to Article 12: January 1, 2014;

3. Permission to change a family cemetery, etc. under Article 13: January 1, 2014;

4. Graveyards subject to restriction on the legal fiction of permission to fell standing timber, etc. under Article 14: January 1, 2014;

5. 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.

[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]