Article 1(Purpose) #
The purpose of this Act is to bury persons who have sacrificed themselves for, and have contributed to, the State or society, when they die, and to commemorate and exalt their loyalty, righteousness, and great services by providing for matters regarding the establishment and operation of national cemeteries.
[This Article Wholly Amended on Mar. 28, 2008]
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on May 22, 2013>
1. The term "remains" means the remains of the body of a decedent (including parts of the body of a decedent where his or her body was buried at sea or where it was impossible to find his or her body; hereinafter the same shall apply), which have been cremated into ashes (including small crystals found among cremated remains);
2. The term "interment" means burying remains or the body of a decedent in a burial ground;
3. The term "enshrinement" means accommodating remains in buildings referred to in Article 2 (1) 2 of the Building Act or in outdoor facilities in the form of a fence, monument, sculpture, etc. (hereinafter referred to as "enshrinement facility");
3-2. The term "natural burial" means burying remains under or around trees, flowers, grass, etc.;
4. The term "enshrinement of a mortuary tablet" means preserving a stone tablet, etc. on which a decedent’s name, etc. is carved where his or her remains could not be interred or enshrined because of the loss of his or her remains or body or where the period of interment or enshrinement has expired;
5. The term "burial" means interment, enshrinement, natural burial and enshrinement of a mortuary tablet;
6. The term "joint burial" means burying a decedent and his or her deceased spouse together in the same tomb or urn box, or enshrining decedents, whose identities are not verifiable due to death in action or other circumstances, together in an enshrinement facility in the form of remains;
7. The term "burial ground" means an area demarcated for burying the body of a decedent who falls under any item of Article 5 (1) 1 in a specific place within a national cemetery pursuant to Article 13;
8. The term "grave" means a facility for interring a decedent's remains or body;
9. The term "natural burial ground" means a facility to deliver natural burial funeral services;
10. The term "facility for enshrinement of a mortuary tablet" means a facility to enshrine the mortuary tablet;
11. The term "burial facility" means a grave, an enshrinement facility, a natural burial ground and a facility for enshrinement of a mortuary tablet;
12. The term "national cemetery facility" means a burial facility and additional facilities thereof, and other facilities necessary for the operation of national cemeteries;
13. The term "national cemetery facility program" means a program of establishing or altering a national cemetery facility.
[This Article Wholly Amended on Mar. 28, 2008]
Article 3(Classification of national cemeteries) #
(1) National cemeteries shall be classified as follows: <Amended on Oct. 31, 2017; Jan. 15, 2019; Mar. 21, 2023>
1. The Seoul National Cemetery;
2. The Daejeon National Cemetery;
3. The Yeoncheon National Cemetery;
4. The April 19th National Cemetery;
5. The March 15th National Cemetery;
6. The May 18th National Cemetery;
7. The following national cemeteries:
(a) The Yeongcheon National Cemetery;
(b) The Imsil National Cemetery;
(c) The Icheon National Cemetery;
(d) The Sancheong National Cemetery;
(e) The Goesan National Cemetery;
(f) The Jeju National Cemetery;
8. The Sinam National Cemetery.
(2) The location of each national cemetery shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 28, 2008]
Article 3-2(Designation of State-managed cemetery) #
(1) The Minister of Patriots and Veterans Affairs may designate as a State-managed cemetery a joint cemetery where the remains or bodies of persons falling under any of the following are buried together (hereinafter referred to as "joint cemetery"), other than a national cemetery, if it is deemed necessary to honor and elevate their meritorious deeds and spirit of making sacrifices: <Amended on Jan. 5, 2021; Mar. 4, 2023>
1. Persons of distinguished service to independence pursuant to the Act on the Honorable Treatment of Persons of Distinguished Service to Independence;
2. Persons of distinguished service to the State pursuant to the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;
3. A war veteran under the Act on Honorable Treatment of War Veterans and Establishment of Related Associations;
4. Persons of distinguished service to the May 18 Democratization Movement prescribed in the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement and Establishment of Related Organizations.
(2) The owner or manager of a joint cemetery or a bereaved family member of a person buried in a joint cemetery may request the Minister of Patriots and Veterans Affairs to designate such joint cemetery as a State-managed cemetery. <Amended on Mar. 4, 2023>
(3) The Minister of Patriots and Veterans Affairs may cancel the designation of a joint cemetery, if it fails to meet the standards for designation or the ground for designation thereof ceases to exist. <Amended on Mar. 4, 2023>
(4) Matters necessary for the procedures and method for designating and managing a State-managed cemetery shall be prescribed by Presidential Decree
[This Article Added on Mar. 24, 2020]
Article 4(Relationship to other statutes) #
This Act shall take precedence over the Act on Funeral Services.
[This Article Wholly Amended on Mar. 28, 2008]
Article 4-2(Formulation of plan for comprehensive management of national cemeteries) #
(1) The Minister of Patriots and Veterans Affairs shall systematically formulate and implement a comprehensive management plan for the development and expansion of national cemeteries, the management and operation of facilities and systems, the examination of persons eligible for burial in national cemeteries, the development of systems for funeral services, programs for improving the landscapes and environments of national cemetery facilities, and various programs, etc. for the commemoration and exaltation of loyalty and righteousness. <Amended on Mar. 4, 2023; Mar. 21, 2023>
(2) Matters necessary for the comprehensive management of national cemeteries, such as organization and operation thereof, shall be prescribed by Presidential Decree.
[This Article Added on Mar. 28, 2008]
Article 5(Persons eligible for burial in each national cemetery) #
(1) The remains or body of a person falling under any of the following shall be buried in national cemeteries; provided, the foregoing shall not apply where the bereaved family of a decedent does not want to bury him or her in a national cemetery: <Amended on Mar. 28, 2008; May 30, 2011; Feb. 17, 2012; Jul. 16, 2013; May 21, 2014; Dec. 22, 2015; May 29, 2016; Dec. 20, 2016; Mar. 21, 2017; Oct. 31, 2017; Jan. 15, 2019; Dec. 10, 2019; Jan. 5, 2021; Feb. 27, 2024>
1. The Seoul National Cemetery, the Daejeon National Cemetery, or the Yeoncheon National Cemetery:
(a) A person who served as President, Speaker of the National Assembly, or Chief Justice of the Supreme Court, or President of the Constitutional Court, or a decedent who is honored with a state funeral service pursuant to Article 2 of the State Funeral Act;
(b) A patriotic martyr or deceased patriot under Article 4 of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence;
(c) A military person who died while in active service (including a cadet and a person in seconded service under Article 2 (1) 4 and 7 of the Military Service Act) and a military person or a civilian military employee who died while being called up (including a person falling under any subparagraph of Article 74 (1) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State);
(d) A deceased person who was awarded a medal for meritorious military services under Article 13 of the Awards and Decorations Act;
(e) A person who died after having served as a general-class officer or after having performed military service for at least 20 years (Article 5 of the Military Pension Act shall apply mutatis mutandis to the calculation of the service period; and the period of military training, such as training at military academy, shall be included in the calculation thereof) and then being discharged, or retired, or exempted from active service;
(f) A Reserve Forces member or a police officer who was killed in a battle or died on duty;
(g) A person who died after having been discharged, retired, or exempted from service because of an injury under Article 4 (1) 4, 6, or 15 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State, which he or she had sustained in a battle or on duty as a military person, a civilian military employee, or a police officer (including a person who was deemed a military person or a police officer wounded in action or on duty and thus entitled to the compensation pursuant to Article 74 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State);
Article 6(Joint burial of persons killed in action) #
(1) The Minister of Patriots and Veterans Affairs may bury the remains of deceased persons in the same spot, whose identity cannot be established due to death in action or other circumstances. <Amended on Mar. 4, 2023; Jan. 23, 2024>
(2) The spirit of any of the following decedents may be enshrined with his or her portrait or mortuary tablet in a memorial monument, etc.: <Amended on Oct. 31, 2017>
1. Deleted; <Oct. 31, 2017>
2. Deleted. <Oct. 31, 2017>
[This Article Wholly Amended on Mar. 28, 2008]
Article 7(Relocation of graves) #
(1) The Minister of Patriots and Veterans Affairs may relocate the bodies or remains of an eligible person and his or her spouse who were buried in any place other than a national cemetery to a national cemetery, if their bereaved family requests such relocation. <Amended on Mar. 4, 2023; Jan. 23, 2024>
(2) The body or remains of a person buried in a national cemetery (excluding any remains buried in a natural burial ground) may be moved to any place from a national cemetery if his or her bereaved family so desires; provided, the body or remains once moved from a national cemetery may not be returned to a national cemetery. <Amended on May 22, 2013; Apr. 20, 2021>
[This Article Wholly Amended on Mar. 28, 2008]
Article 8(Restriction on burying bodies) #
Notwithstanding the main clause of Article 5 (1) and Article 5 (2), no decedent's body shall be buried in a national cemetery, except for a person falling under Article 5 (1) 1 (a) or (m). <Amended on Aug. 4, 2011>
[This Article Wholly Amended on Mar. 28, 2008]
Article 9(Procedure for selecting persons eligible for burial) #
The procedure for selecting persons eligible for burial in a national cemetery shall be provided separately on the basis of each category of eligible persons under Article 5 (1) 1 (j) through (m), and further details shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 28, 2008]
Article 10(Establishment of deliberative committee on burial eligibility) #
(1) A Deliberative Committee on Burial Eligibility (hereinafter referred to as the "Deliberative Committee") shall be established under the Ministry of Patriots and Veterans Affairs in order to deliberate on the following matters: <Amended on Aug. 4, 2011; Jul. 16, 2013; Jan. 15, 2019; Mar. 4, 2023; Jul. 18, 2023; Feb. 27, 2024>
1. Whether a person falling under Article 5 (1) 1 (j), (l), or (m) or 4 (d) is eligible to be buried in a national cemetery;
2. Whether a person who had a de facto marital relationship under Article 5 (3) 2 is eligible to be buried in a national cemetery;
3. Whether the honor of national cemeteries under Article 5 (5) 5 would be degraded;
3-2. Whether a person falling under Article 5 (7) is eligible to be buried in a national cemetery;
3-3 Whether a person falling under Article 11 (2) is eligible to be buried in a national cemetery;
4. Matters to determine the area of a grave under Article 12 (2);
5. Whether to maintain a grave permanently or to enshrine a mortuary tablet instead after the lapse of 60 years under Article 15;
6. Other matters related to the selection of persons eligible for burial in a national cemetery.
(2) The Deliberative Committee shall complete deliberation on the selection of a person eligible for burial in a national cemetery within 30 days after the receipt of an application.
(3) If necessary for deliberation, the Deliberative Committee may demand the person concerned to appear before the Deliberative Committee or investigate such person, or demand the State, a local government, or any other public institution to submit a report or materials on the relevant matters.
(4) The Deliberative Committee shall be comprised of not more than 20 members, governmental and non-governmental, including one chairperson.
(5) The Vice Minister of Patriots and Veterans Affairs shall serve as the chairperson of the Deliberative Committee, and persons recommended by the head of the relevant central administrative agency shall serve as its members. <Amended on Mar. 4, 2023>
(6) Matters necessary for organizing and operating the Deliberative Committee shall be prescribed by Presidential Decree.
Article 10-2(Request for re-deliberation) #
The Minister of Patriots and Veterans Affairs may request re-deliberation on the matters deliberated and determined by the Deliberative Committee in the case falling under any of the following: <Amended on Mar. 4, 2023; Jan. 23, 2024>
1. As for an administrative litigation being brought to court against the dispositions taken by the Minister of Patriots and Veterans Affairs related to the matters under any subparagraph of Article 10 (1), where a bench of the court in charge advises the Minister of Patriots and Veterans Affairs to make a reconciliation for the expedite resolution of such dispute;
2. As for dispositions taken by the Minister of Patriots and Veterans Affairs related to the matters under any subparagraph of Article 10 (1), where the Chairman of the Board of Audit and Inspection of Korea or the Chairperson of the Anti-Corruption and Civil Rights Commission advises the Minister of Patriots and Veterans Affairs to rectify such dispositions;
3. Where other matters deliberated and determined by the Deliberative Committee are deemed necessary to be deliberated again.
[This Article Added on Dec. 11, 2018]
Article 11(Request for burial) #
(1) Burial (including enshrinement of a portrait), joint burial or relocation under Articles 5 through 7 shall be requested by a bereaved family member or the head of a relevant agency to the Minister of Patriots and Veterans Affairs. <Amended on May 22, 2013; Mar. 4, 2023; Jan. 23, 2024>
(2) Notwithstanding paragraph (1), a person deemed eligible to be buried in a national cemetery under Article 5 (1) and satisfying all the requirements of the following may request the Minister of Patriots and Veterans Affairs to determine whether he or she is eligible to be buried in a national cemetery during his or her lifetime: <Added on Jan. 15, 2019; Mar. 4, 2023; Jul. 18, 2023; Jan. 23, 2024>
1. A person who reaches the age prescribed by Presidential Decree or has a disease;
2. A person not falling under any of the following:
(a) A person who falls under Article 5 (1) 1 (j), (l), or (m) or Article 5 (6), and is subject to deliberation by the Deliberative Committee on whether he or she is eligible to be buried;
(b) A person falling under Article 5 (5) 1, 3, or 4;
3. A person subject to deliberation by the Deliberative Committee on whether he or she has degraded the honor of national cemeteries under Article 5 (5) 5 because he or she falls under the category of grounds prescribed by Presidential Decree including criminal conducts for which he or she has been sentenced to imprisonment without labor, or heavier punishment.
(3) Where a person determined as a person eligible to be buried in a national cemetery under paragraph (2) comes to fall under Article 5 (5) 1, 3, or 4, or paragraph (2) 3 of this Article after such determination is made, the Minister of Patriots and Veterans Affairs shall revoke the determination of a person eligible to be buried in a national cemetery. <Added on Jan. 15, 2019; Mar. 4, 2023; Jul. 18, 2023; Jan. 23, 2024>
(4) Matters necessary for the procedure, etc. for request under paragraphs (1) and (2) and the procedure, etc. for revocation under paragraph (3) shall be prescribed by Presidential Decree. <Added on Jan. 15, 2019>
[This Article Wholly Amended on Mar. 28, 2008]
Article 11-2(Preparing implementation plan for national cemetery facility program) #
(1) A national cemetery facility program shall be implemented by the Minister of Patriots and Veterans Affairs. <Amended on Jan. 23, 2024>
(2) In order to implement a national cemetery facility program, the Minister of Patriots and Veterans Affairs shall prepare an implementation plan for the national cemetery facility program (hereinafter referred to as "implementation plan") including the following matters; provided, this shall not apply to minor national cemetery facility programs prescribed by Presidential Decree: <Amended on Mar. 4, 2023>
1. Outline, scale and scope of the program;
2. Location and area of the implementation site;
3. The period for project implementation;
4. A plan for land use;
5. The location map and cadastral map of the implementation site;
6. Other matters prescribed by Presidential Decree concerning the national cemetery facility program.
(3) When preparing an implementation plan pursuant to paragraph (2), the Minister of Patriots and Veterans Affairs shall listen to the opinions of 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 Mayors/Do Governors) and the head of a relevant administrative agency of the area where a national cemetery facility is established. <Amended on Mar. 4, 2023>
(4) In receipt of a request under paragraph (3), the Mayors/Do Governors and the head of a relevant administrative agency shall submit his or her opinion within 30 days from the date of receipt thereof, and where no opinion is submitted within the period, it shall be deemed that no opinion exists.
(5) When having prepared an implementation plan pursuant to paragraph (2), the Minister of Patriots and Veterans Affairs shall publicly announce the implementation plan in a daily newspaper whose business targets residents of the concerned area and on the website of the Ministry of Patriots and Veterans Affairs, and have residents thereof inspect it for at least 20 days from the date of public announcement. <Amended on Mar. 4, 2023; Jan. 23, 2024>
(6) Any person with opinions on the implementation plan publicly announced pursuant to paragraph (5) may submit his or her opinion to the Minister of Patriots and Veterans Affairs within the inspection period, and if the Minister of Patriots and Veterans Affairs deems the opinion valid, he or she shall reflect it in the implementation plan. <Amended on Mar. 4, 2023>
Article 11-3(Public notice of implementation plan) #
(1) Where an implementation plan is finalized or the finalized implementation plan is changed (except minor matters prescribed by Presidential Decree), the Minister of Patriots and Veterans Affairs shall, as prescribed by Presidential Decree, publicly notify the implementation plan and the related documents including the topographical drawing under Article 8 (2) of the Framework Act on the Regulation of Land Use, and send a copy of the implementation plan and the related documents to the competent Mayors/Do Governors. <Amended on Apr. 20, 2021; Mar. 4, 2023>
(2) In receipt of a copy of the implementation plan and the related documents pursuant to paragraph (1), the Mayors/Do Governors shall disclose them to the general public.
[This Article Added on May 22, 2013]
Article 11-4(Legal fiction of authorization or permission under other statutes) #
(1) When the Minister of Patriots and Veterans Affairs prepares an implementation plan (including changes thereof) pursuant to Article 11-2, the matters he or she consults on with the head of the relevant administrative agency under paragraph (2) regarding determination, permission, authorization, approval, designation, agreement, consultation, report or revocation, etc. in the following subparagraphs (hereinafter referred to as "authorization or permission") shall be deemed authorized or permitted, etc., and where the implementation plan was publicly notified pursuant to Article 11-3 (1), it shall be deemed that authorization or permission, etc. under the following statutes has been publicly notified or publicly announced: <Amended on Jan. 14, 2014; Jul. 24, 2015; Dec. 27, 2016; Apr. 20, 2021; Nov. 30, 2021; Dec. 27, 2022; Mar. 4, 2023>
1. Building consultation under Article 29 of the Building Act;
2. Consultation on or approval for occupying or using public waters under Article 10 of the Public Waters Management and Reclamation Act, report on an implementation plan for occupancy or use under Article 17 of that Act, consultation on or approval for reclamation executed by the State, etc. under Article 35 of that Act and approval for an implementation plan for reclaiming public waters under Article 38 of that Act;
3. Change or abolition of public property use under Article 11 of the Public Property and Commodity Management Act and permission for use or profit under Article 20 of that Act;
4. Determination of urban or Gun management plans under Article 30 of the National Land Planning and Utilization Act, permission for development activities under Article 56 of that Act, designation of implementers of urban or Gun planning facility projects under Article 86 of that Act and authorization of implementation plans under Article 88 of that Act;
5. Approval for use of agricultural infrastructure or water under Article 23 of the Agricultural and Fishing Villages Improvement Act and permission for the change, etc. of land shape and quality under Article 111 of that Act;
6. Permission for or consultation on diverting farmland under Article 34 of the Farmland Act, permission for or consultation on temporarily using farmland for other purposes under Article 36 of that Act and approval for altering the use thereof under Article 40 (1) of that Act;
7. Permission granted to a person, other than road managing authorities under Article 36 of the Road Act to execute roadworks; and permission to occupy and use a road under Article 61 of that Act;
Article 11-5(Inspection of related documents) #
The Minister of Patriots and Veterans Affairs may request inspection or copies of documents necessary for a national cemetery facility program or issuance of a certificate, etc. to a register office or the heads of other relevant administrative agencies for free. <Amended on Mar. 4, 2023>
[This Article Added on May 22, 2013]
Article 11-6(Preferential establishment of infrastructure) #
Where a public notice is made under Article 11-3, administrative agencies responsible for managing infrastructure including roads, waterworks, sewerage, electrical facilities, communication facilities, gas equipment and district heating facilities shall preferentially establish infrastructure related to a national cemetery facility within the budget, for the smooth implementation of a national cemetery facility program.
[This Article Added on May 22, 2013]
Article 11-7(Public announcement of construction completion) #
(1) Upon completion of construction of a national cemetery facility, where the program includes matters related to completion inspection or completion authorization, etc. in accordance with authorization or permission, etc. deemed granted pursuant to Article 11-4, the Minister of Patriots and Veterans Affairs shall consult on such matters with the head of a relevant administrative agency. In such cases, the matters that have been consulted with the head of a relevant administrative agency shall be deemed to have received such completion inspection or completion authorization, etc. <Amended on Mar. 4, 2023>
(2) Where a national cemetery facility program executed by an agency under Article 11-10 has not been completed in accordance with the implementation plan, the Minister of Patriots and Veterans Affairs shall, without delay, order necessary measures, including complementary construction, etc. <Amended on Mar. 4, 2023>
(3) The Minister of Patriots and Veterans Affairs shall, after consultation with the head of a relevant administrative agency under paragraph (1), publicly announce the completion of construction, and notify it to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of Gu refers to the head of an autonomous Gu; hereafter in this Article, the same shall apply) in which a national cemetery facility is established. <Amended on Apr. 20, 2021; Mar. 4, 2023>
(4) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who is notified of the completion of construction under paragraph (3) shall record the fact on the building register or structure management register under statutes and regulations related to construction.
[This Article Added on May 22, 2013]
Article 11-8(Attribution of national cemetery facility) #
(1) A national cemetery facility established under a national cemetery facility program shall be attributed to the State, upon completion of construction thereof.
(2) Article 65 of the National Land Planning and Utilization Act shall apply to the attribution of public facilities, except a national cemetery facility, that were established as a result of the implementation of a national cemetery facility program.
(3) In the case of registering a national cemetery facility, a document certifying the grounds for registration under Article 40 (1) 5 of the Registration of Real Estate Act shall be replaced by a document certifying the public announcement of construction completion under Article 11-7 (3).
[This Article Added on May 22, 2013]
Article 11-9(Disposition restriction of public land) #
(1) Any land owned by a local government within the implementation area of a national cemetery facility program, which is necessary for the national cemetery facility program, shall not be disposed of for any purpose other than its original purpose prescribed by the implementation plan thereof.
(2) Notwithstanding the Public Property and Commodity Management Act, any property owned by a local government within the implementation area of a national cemetery facility program, which is necessary for the national cemetery facility program, may be used by the Minister of Patriots and Veterans Affairs without compensation or be disposed of by a private contract. In such cases, the Minister of Patriots and Veterans Affairs shall consult, in advance, with the head of the relevant local government about the abolition of use or disposition of the property. <Amended on Mar. 4, 2023>
(3) In receipt of a request for consultation under the latter part of paragraph (2), the head of the relevant local government shall take necessary measures for consultation within 30 days from the date of receiving such request.
(4) Where the Minister of Patriots and Veterans Affairs uses public property under paragraph (2), he or she may establish a permanent national cemetery facility, notwithstanding Article 13 of the Public Property and Commodity Management Act. <Amended on Mar. 4, 2023>
[This Article Added on May 22, 2013]
Article 11-10(Execution of national cemetery facility program by agency) #
(1) Where the Minister of Patriots and Veterans Affairs deems it necessary for an effective implementation of a national cemetery facility program, he or she may allow those who meet the selection criteria prescribed by Presidential Decree, including local governments, other corporations or organizations, to execute the national cemetery facility program as an agency. <Amended on Mar. 4, 2023>
(2) Where the Minister of Patriots and Veterans Affairs has a national cemetery facility program be executed by an agency under paragraph (1), he or she shall designate an agency (hereinafter referred to as "agency") and publicly notify matters prescribed by Ministerial Decree of Patriots and Veterans Affairs in the Official Gazette, etc. including the name (in the case of a corporation, referring to the name of the corporation) of the agency and the scope of the execution by the agency. <Amended on Apr. 20, 2021; Mar. 4, 2023>
(3) The Minister of Patriots and Veterans Affairs may manage or supervise the execution of a national cemetery facility program by an agency and require submission of necessary documents. <Amended on Mar. 4, 2023>
(4) An agency shall report the execution of a national cemetery facility program to the Minister of Patriots and Veterans Affairs, as prescribed by Ministerial Decree of Patriots and Veterans Affairs. <Amended on Mar. 4, 2023>
(5) Where an agency falls under any of the following cases, the Minister of Patriots and Veterans Affairs may cancel the designation of the agency or have others execute the program as an agency: <Amended on Mar. 4, 2023>
1. Where it is deemed that the execution of a national cemetery facility program is likely to be delayed significantly compared with the implementation plan;
2. Where the agency increased the cost of construction works significantly;
3. Where the agency is designated by false or other improper means;
4. Where the agency fails to meet the agency selection criteria prescribed by Presidential Decree under paragraph (1);
5. Where the agency fails to work under the management or supervision of the Minister of Patriots and Veterans Affairs under paragraph (3);
6. Where the agency fails to report the execution under paragraph (4) or reports it falsely.
[This Article Added on May 22, 2013]
Article 12(Area of grave) #
(1) The area of a grave for a person eligible to be buried in a national cemetery under Article 5 (1) shall be as follows: <Amended on May 22, 2013>
1. A person who has held the office of President: Within 264 square meters;
2. A person other than those who have held the office of President: 3.3 square meters.
(2) Notwithstanding paragraph (1), the Deliberative Committee may separately determine the grave area for a person other than the President, among eligible persons falling under Article 5 (1) 1 (a), or persons under Article 5 (1) 1 (m). In such cases, the area of such grave shall not exceed 26.4 square meters. <Amended on Apr. 20, 2021>
(3) Where a person is buried with his or her spouse pursuant to Article 5 (3) and (4), the area of such grave shall not, after the joint burial, exceed the area of a grave under paragraphs (1) and (2). <Amended on Aug. 4, 2011; Jul. 18, 2023>
(4) Grave shapes, types and specifications of accessory structures, such as gravestone, shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 28, 2008]
Article 13(Classification of burial grounds) #
(1) The Minister of Patriots and Veterans Affairs may establish and manage burial grounds in a national cemetery in accordance with the following classifications: <Amended on Feb. 17, 2012; Jan. 15, 2019; Mar. 4, 2023; Mar. 21, 2023; Jan. 23, 2024>
1. Burial ground for the President;
2. Burial ground for persons of distinguished service to Independence;
3. Burial ground for persons of distinguished services to the State;
4. Burial ground for military persons and civilian military employees:
(a) Burial ground for generals;
(b) Burial ground for officers and soldiers;
(c) Deleted; <Jan. 15, 2019>
5. Burial ground for police officers;
5-2. Burial ground for firefighting officials;
6. Burial ground for persons killed or wounded for a righteous cause;
7. Burial ground for persons of meritorious services to the State or society;
8. Burial ground for foreigners.
(2) Burial grounds under paragraph (1) may be subdivided further or consolidated for the establishment and management of burial grounds, taking into consideration the conditions of each national cemetery.
[This Article Wholly Amended on Mar. 28, 2008]
Article 14(Establishment and operation of enshrinement facilities) #
(1) The State may establish and operate enshrinement facilities within each national cemetery, taking into consideration the demand and capacity for burial in each national cemetery.
(2) The remains of a person eligible for burial in a national cemetery under any subparagraph of Article 5 (1) shall be enshrined in an enshrinement facility depending upon the wish of the person or his or her bereaved family, and the remains of his or her deceased spouse shall be enshrined together with those of his or her spouse depending upon the wish of the deceased spouse or his or her bereaved family.
(3) Specifications of each urn box, such as size and materials, shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 28, 2008]
Article 14-2(Establishment and operation of natural burial grounds) #
(1) The State may establish and operate a natural burial ground in national cemeteries, taking into account the demand and capacity for burial in each national cemetery.
(2) The remains of an eligible person under the subparagraphs of Article 5 (1) shall be buried in a natural burial ground depending upon the wish of the person or his or her bereaved family, and the remains of his or her deceased spouse shall be buried together with those of his or her spouse depending upon the wish of the deceased spouse or his or her bereaved family.
(3) Matters necessary for the types of natural burials, the area of a natural burial ground, development method thereof and the types and specifications of accessory structures thereto shall be prescribed by Presidential Decree.
[This Article Added on May 22, 2013]
Article 15(Burial period) #
(1) The Minister of Patriots and Veterans Affairs shall prescribe the period of burial in a national cemetery (except enshrinement of a mortuary tablet) to 60 years, and determine whether to have him or her buried permanently or enshrine a mortuary tablet instead after 60 years through deliberation by the Deliberative Committee; provided, the foregoing shall not apply where the bereaved family requests the relocation of his or her grave. <Amended on May 22, 2013; Mar. 4, 2023>
(2) The period of being buried under paragraph (1) shall be counted from the date of death; provided, the burial period of a person who died before this Act enters into force shall be counted from the enforcement date of this Act, but where his or her deceased spouse is buried together, the period shall be counted based on the person who died later.
[This Article Wholly Amended on Mar. 28, 2008]
Article 16(Costs and expenses for burial) #
(1) Costs and expenses necessary for burying a person in a facility shall be borne by the State. <Amended on May 22, 2013>
(2) Notwithstanding paragraph (1), any of the following expenses shall be borne by bereaved family: <Amended on Mar. 24, 2020>
1. Where the remains or the body of a person buried in a place other than a national cemetery is moved to a national cemetery pursuant to Article 7 (1), expenses incurred in operating such cemetery as a national cemetery; provided, if a person eligible for burial in a person under any subparagraph of Article 5 (1) is moved to a national cemetery by applying statutes pertaining to veterans affairs under subparagraph 3 of Article 3 of the Framework Act on Veterans Affairs, the State may fully or partially bear the expenses, as prescribed by Presidential Decree, if the person has no spouse, lineal ascendant or lineal descendant;
2. Expenses incurred in transferring the remains or body of a person buried or enshrined in a national cemetery pursuant to Article 7 (2) to a place other than a national cemetery.
[This Article Wholly Amended on Mar. 28, 2008]
Article 17(Establishment of national cemetery administration offices) #
(1) A national cemetery administration office shall be established under the control of the Minister of Patriots and Veterans Affairs in order to manage and operate national cemeteries. <Amended on Mar. 4, 2023; Jan. 23, 2024>
(2) The organization of national cemetery administration offices, the fixed number of personnel, and other matters necessary for the operation of such offices shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 28, 2008]
Article 18(Prohibition of alteration of burial facility or accessory structures thereto) #
(1) No one shall install or alter a burial facility or any of its accessory structures in violation of this Act. <Amended on May 22, 2013>
(2) The head of a national cemetery administration office may reinstate a burial facility or an accessory structure thereto, which has been installed or altered in violation of paragraph (1), to its original condition and take other necessary measures therefor. <Amended on May 22, 2013>
(3) Where costs and expenses are incurred in reinstating a burial facility or an accessory structure thereto to its original condition or in taking other necessary measures pursuant to paragraph (2), the head of a national cemetery administration office may require the person who installed or altered such burial facility or accessory structure to bear the costs and expenses. <Amended on May 22, 2013>
[This Article Wholly Amended on Mar. 28, 2008]
[Title Amended on May 22, 2013]
Article 19(Establishment of memorial halls) #
(1) Memorial halls or towers, etc. may be established in each national cemetery in order to exalt the loyalty, righteousness, and great services of persons buried in the national cemetery.
(2) Formalities and rites necessary for paying respects at a memorial tower or performing funeral services shall be prepared.
(3) The Minister of Patriots and Veterans Affairs may request the Minister of National Defense to provide an honor guard and a band, if necessary to conduct the formalities and rites under paragraph (2). <Added on Jan. 23, 2024>
(4) Necessary matters concerning the types of rites performed in national cemeteries, the procedures for such rites, and the management and operation of various formalities within national cemeteries shall be prescribed by Presidential Decree. <Amended on Jan. 23, 2024>
[This Article Wholly Amended on Mar. 28, 2008]
Article 20(Maintenance of dignity of national cemeteries) #
(1) No one shall sing, dance, or conduct an entertainment event within a national cemetery, or commit any other act that is likely to undermine the dignity of a national cemetery; provided, memorial concerts and other activities for commemorating and exalting loyalty may be held or conducted within the extent that such activities do not degrade the sanctity of national cemeteries.
(2) The head of a national cemetery administrative office may, if he or she finds any person who violates paragraph (1), restrain such a person from doing such a violation or remove such a person from the cemetery.
[This Article Wholly Amended on Mar. 28, 2008]
Article 21(Activities for commemorating and exalting loyalty) #
The State may implement programs for exalting meritorious services and great deeds of persons who have contributed to the State and society.
[This Article Wholly Amended on Mar. 28, 2008]
Article 21-2(Requests for submission of materials) #
(1) The Minister of Patriots and Veterans Affairs may request the head of a relevant central administrative agency (including the Chiefs of Staff of the Army, the Navy, and the Air Force), the Secretary General of the National Assembly Secretariat, the Minister of the National Court Administration, etc. to provide registered matters regarding family relations, information on resident registration, materials on the loss of nationality, materials or information on military service, etc., in order to perform the following business affairs: <Amended on Mar. 4, 2023; Jul. 18, 2023; Jan. 23, 2024>
1. Business affairs regarding exclusion from persons eligible to be buried in a national cemetery under Article 5 (5);
2. Business affairs regarding the handling of requests for burial in a national cemetery under Article 11.
(2) The Minister of Patriots and Veterans Affairs may request the head of a relevant agency to inquire about criminal history records for the following examination or investigation: <Amended on Mar. 4, 2023; Jul. 18, 2023; Jan. 23, 2024>
1. Examination of eligibility for burial in a national cemetery under Article 5 (5) 2 or 3;
2. Investigation of whether the honor of a national cemetery is degraded under Article 5 (5) 5.
(3) The specific scope of materials or information that may be requested pursuant to paragraph (1) shall be prescribed by Presidential Decree.
(4) Upon receipt of a request under paragraph (1) or (2), the head of a relevant agency shall comply with such request unless there is good cause.
[This Article Added on Mar. 21, 2023]
Article 22(Cooperation by relevant agencies) #
(1) Where necessary for the management and operation of national cemeteries, the Minister of Patriots and Veterans Affairs may request the heads of relevant agencies to take necessary measures. <Amended on Mar. 4, 2023; Jan. 23, 2024>
(2) Upon receipt of a request under paragraph (1), the head of a relevant agency shall comply with such request unless there is good cause.
[This Article Wholly Amended on Mar. 21, 2023]
Article 23(Delegation of authority) #
The Minister of Patriots and Veterans Affairs may delegate part of his or her authority under this Act to the head of an agency under his or her jurisdiction, as prescribed by Presidential Decree. <Amended on Mar. 4, 2023; Jan. 23, 2024>
[This Article Added on Mar. 28, 2008]
Article 24(Legal fiction as public officials in application of penalty provisions) #
Any person who is not a public official, from among the members of the Deliberative Committee and employees of an agency, shall be deemed to be public officials in applying Articles 129 through 132 of the Criminal Act.
[This Article Added on May 22, 2013]