남북한 화장제도의 통합방향에 관한 고찰

Abstract

The title of this thesis is ‘A Study on the Direction for Integration of Cremation System in North and South Korea’. Of course, it would be difficult at the present moment to predict exactly what problems may arise in the future. However, there should be efforts to find solutions for problems related to regulation of public order so that the risk of causing unreasonable consequences can be minimized. Therefore, to rationally reorganize the funeral system, it is necessary to evaluate how this system has changed through the years. Korean funeral culture is changed from burial-oriented to cremation- oriented and the demand on cremating facilities is increasing. So local governments begin to take profound interest in determinating the reasonable rental fee of cremating facilities. The funeral facility is equipped near the resistance district where people can live. But stating life environment reason, it is classified the unpleasant facility where effect on environment such as landfills, power plants including atomic one, garbage incineration plants, and so on, hence it is avoided and excluded. So it shows that people oppose attracting funeral facilities or prevent building it. On the other hand, there are examples that some local governments attract funeral facility directly and manage it because they judge it as a permanent income. The current Funeral Law regulates the construction of graveyards by requiring notice or permission in order to prevent the inefficient usage of land due to large numbers of tombs when a graveyard is constructed, to limit the period of installation of a tomb to a maximum of 60 years, and to implement a nature-friendly funeral system for solving problems, which are inconvenienced from the insufficiency of funeral facilities and damage to nature from the graveyard, etc. Also, the current funeral law regulates to dismantle installed facilities of each applicable tomb and cremate or enshrine buried the remains at the time of expiration of a period of installation of the tomb. Therefore, the current funeral law actually recommends and supports cremation. Since funeral system is not something that is being newly developed but is a system which has evolved along with the history of mankind, a thorough examination of past problems can lead to a future legal system that is more rational and accords with substantial justice. I explained about the main contents of funeral system and dealt with the important contents of Cremation system and suggested especially the legal and other matters and improvements in connection with the unification of cremation system in North and South Korea.