장사법(葬事法)의 처벌규정과 그 문제점

Abstract

With the goal of efficient use of land, 'Law of funeral' took affect on 13. 1. 2001. and the law has achieved an outcome that cremation is already beyond 80% of total funerals in the year that the law has been enforced for 15 years. However, to enhance the outcome, the law has introduced a temporary burial system while it was also put four to five of sanctions in the law about the breach. To replace the resolute Funeral culture, considerable degree of shock therapies were mobilized. For example, Criminal penalties were favored as the only best means in some cases, not supplementary means of the last resort. Even contents were able to make the number of people involved in the installation of a cemetery or grave. Despite the lack of effectiveness, it was intended to maximize the promotion effect through the so-called noise marketing. But this temporary burial system which was the key of this noise marketing was postponed two weeks ahead of its enforcement. In other words, by expanding the installation deadline from 15 years to 30 years, this punishment threat was gone in vain. By putting a criminal offense too early to achieve administrative purposes, actually those penalties have become “Shepherd boy” In this paper, from the awareness of this issue, I want to find a way to replace the punishment of funeral law more reasonably. Above all, I propose to decriminalize drastically unclear or ineffective penalties, as well as to implement the relationship between the administrative preparations and criminal penalties or the priority between them.