장묘법제의 한중일 비교연구

Abstract

This thesis have prepared the problems and improvement methods on Funeral Law of Korea through comparing and analysing funeral systems and laws of China and Japan similar to Funeral Custom in Korea.The common problem of cemeteries in Korea, China and Japan is the erosion of national land, so the cremation is being recommended to solve these problems, however the propagation degree on the ratio of cremation seems to be a difference of time.Furthermore recently China has been actively regulating the erosion of national land caused by cemeteries through establishing “Funeral Management Regulations”. “Cemetery, Burial and etc. Act” in Japan has been recommended relatively early in the aspect of public sanitation, and it was strongly influenced by religion.The existing law "Funeral and etc. Act” has totally amended the former law "Burial, Cemetery and etc. Act”, and simultaneously changed even the name of law. It shows indirectly the practical will of the existing law and the discrimination against the former law.However the law policy of country can't solve all of the problem over burial, it's about the law emotion of people, especially I think it needs theoretical grounds to Funeral and etc. Act Clause 23 over abolishing the site right of graveyards.The precedent from the High Court of Justice of Chosun had admitted being the site right of graveyards although it has been occupied the grave calmly and publicly in case of creating grave in other's land without consent.The Collection of Answers on Civil Custom, which is the collection of questions and answers over existing of local custom, has denied its custom nature.Thus, in these parts, the thought there was not our custom from the beginning is more convincing theoretically to analyse "Funeral and etc. Act”, Clause 23 the site right of graveyards.