공영장례 조례 분석 및 향후 과제 고찰

Abstract

This research aims to analyze the characteristics and limitations of ordinances specifically enacted by local governments which bear the responsibility and possess the authority to delegate or support the funeral process under the Ordinance on the Support of Public Funerals. Utilizing the analytical standard of ordinance on social welfare, a total of 48 ordinances have been analyzed. The summary of the analyzed result is as follows. The major task of the Ordinance on the Support of Public Funerals is to provide assistance to the deceased with no social ties and also to those who lack the ability to carry out the funeral process, and its purpose is to maintain dignity and carry out the social responsibility of the deceased, and to fulfill the communal spirit. However, the selection of subjects depends entirely on the arbitrary judgment of the local government, with the exception of subjects without social ties or special cases with prerequisite conditions such as subjects with low income or recipients of livelihood benefits. Furthermore, there is room for significant improvement in the delivery of funds, considering the fact that the payout and the institutions in charge display a tendency to only recognize recipients with blood ties, despite the ongoing discussions on granting the right to receive payment to persons without any blood relations. Based on these issues, this research provides the desirable direction on the enactment and amendment of the Ordinance on the Support of Public Funerals and discusses the burdens of the central government in laying the foundation for the upcoming developments.