SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON FUNERAL SERVICES, ETC.
- Enactment No. 3, Oct. 05, 1951
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- Whole Amendment No. 456, Dec. 22, 1966
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- Whole Amendment No. 2233, Dec. 31, 1987
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- Partial Amendment No. 3658, Jul. 31, 1999
- Partial Amendment No. 3832, Jan. 05, 2001
- Whole Amendment No. 4053, Jan. 10, 2003
- Partial Amendment No. 4705, Nov. 13, 2008
- Amendment of Other Laws No. 4743, Mar. 18, 2009
- Partial Amendment No. 4973, Apr. 22, 2010
- Partial Amendment No. 5043, Nov. 04, 2010
- Partial Amendment No. 5298, May. 22, 2012
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- Amendment of Other Laws No. 6386, Jan. 05, 2017
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CHAPTERⅠGENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Ordinance is to provide for matters delegated by the Act on Funeral Services, etc. and the Enforcement Decree thereof and matters necessary to establish and manage City funeral service establishments. <Amended by Ordinance No. 4705, Nov. 13, 2008>
Article 2 (Definitions)
The definitions of terms used in this Ordinance shall be as follows:
CHAPTERⅡIMPROVEMENT OF FUNERAL CULTURE AND DESIGNATION OF CEMETERY PRESERVES, ETC.
Article 3 (Improvement, etc. of Funeral Culture)
(1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the “Mayor”) shall devise and implement policies to encourage the dissemination of cremation, inurnment and natural burial, so as to prevent any damage to national land that may result from an increase in the number of cemeteries. <Amended by Ordinance No. 4705, Nov. 13, 2008>
Article 4 (Composition of Committee on Examination of Cemetery Preserves)
(1) The Seoul Metropolitan Government Committee on Examination of Cemetery Preserves (hereinafter referred to as the “Examination Committee”) under Article 34 of the Act on Funeral Services, etc. (hereinafter referred to as the “Act”) and Article 27 of the Enforcement Decree of the same Act (hereinafter referred to as the “Decree”) shall be comprised of not more than 15 members, including one chairperson and one vice chairperson. <Amended by Ordinance No. 4705, Nov. 13, 2008>
Article 5 (Designation of City Cemetery Preserves, etc.)
(1) Where, in accordance with Article 36 of the Decree, the owner or manager of a cemetery (hereinafter referred to as “cemetery owner, etc.”) files an application for the designation of a Seoul Metropolitan City cemetery preserve or grave preserve (hereinafter referred to as “City cemetery preserve, etc.”), along with a statement of review by the head of the Gu who has jurisdiction over the location of the cemetery, the Mayor may designate the relevant area as a City cemetery preserve, etc., subject to deliberation by the Examination Committee after hearing opinions from the relevant department. <Amended by Ordinance No. 4705, Nov. 13, 2008>
Article 5-2 (Standards, etc. for Designation of City Cemetery Preserves, etc.)
(1) Any cemetery or grave that the Mayor can designate as a City cemetery preserve, etc. shall be as follows: <Newly Inserted by Ordinance No. 4705, Nov. 13, 2008>
CHAPTERⅢESTABLISHMENT, MANAGEMENT, ETC. OF CITY FUNERAL SERVICE ESTABLISHMENTS
Article 6 (Permission to Use City Funeral Service Establishments)
(1) Any person who intends to use a City funeral service establishment shall obtain permission from the Mayor. <Amended by Ordinance No. 4705, Nov. 13, 2008>
Article 7 (Collection of, and Reduction of and Exemption from, Fees and Charges for Use)
(1) Any person who intends to use a City funeral service establishment shall pay fees and charges for the use and management thereof. <Amended by Ordinance No. 4705, Nov. 13, 2008>
Article 8 (Duty of Users to Report)
Where any of the following event takes place, the user of a City cemetery, City charnel facility or City natural burial ground shall report it to the Mayor within 30 days from the date when such event arises: <Amended by Ordinance No. 4705, Nov. 13, 2008>
Article 9 (Limitation on Period of Use)
(1) The period for using a City cemetery or City charnel facility shall be 15 years. <Amended by Ordinance No. 4705, Nov. 13, 2008>
Article 10 (Extinguishment, Prohibition of Transfer, etc. of Right to Use)
(1) Where any dead body or remains are taken out of a City cemetery or City charnel facility, the right to use such cemetery or facility shall be extinguished: Provided, That taking bone dust out of a City natural burial ground shall not be allowed. <Amended by Ordinance No. 4705, Nov. 13, 2008>
Article 11 (Revocation, etc. of Permission for Use)
(1) The Mayor may revoke permission to use a City cemetery, City charnel facility or City natural burial ground in any of the following cases: <Amended by Ordinance No. 4705, Nov. 13, 2008>
Article 12 (Order to Make Removal or Reburial)
(1) Each user shall remove the relevant remains or rebury the remains buried in the grave within one year from the date when he/she is notified of the revocation of permission for use pursuant to Article 11 (3): Provided, That this shall not apply to users of City natural burial grounds. <Amended by Ordinance No. 4705, Nov. 13, 2008>
Article 13 (Permissible Size of Grave)
The size of each grave in a City cemetery shall be as follows:
Article 14 (Structure, etc. of Graves)
(1) In principles, graves in City cemeteries shall have an even and flat structure in which burial mounds and gravestones do not project above the surface of the ground.
Article 14-2 (Methods, etc. of Natural Burial)
(1) No receptacle shall be used in making a natural burial in a City natural burial ground, and cremated bones shall be buried after being mixed with earth. <Newly Inserted by Ordinance No. 4705, Nov. 13, 2008>
Article 14-3 (Prevention, etc. of Damage to Natural Burial Grounds)
The Mayor shall devise measures to prevent damage to natural burial grounds due to a local torrential rainfall, fire, etc.
Article 15 (Persons in Charge of Management of Graves)
(1) The following persons shall take charge of the management of graves within City cemeteries:
Article 16 (Reinstatement and Reimbursement of Actual Expenses)
Where a user causes damage to any facility in a City funeral service establishment, the Mayor may direct him/her to reinstate such facility or to reimburse actual expenses incurred in such reinstatement. <Amended by Ordinance No. 4705, Nov. 13, 2008>
CHAPTERⅣENTRUSTMENT, GUIDANCE, SUPERVISION, ETC. OF OPERATION OF CITY FUNERAL SERVICE ESTABLISHMENTS
Article 17 (Entrustment of Operation)
(1) The Mayor may entrust the work of establishing, managing and operating City funeral service establishments (hereinafter referred to as “operation”) to any legal entities or civil organizations that specialize in the management of public facilities. <Amended by Ordinance No. 4705, Nov. 13, 2008>
Article 18 (Assistance in Operation)
If the Mayor has entrusted the operation of a City funeral service establishment pursuant to Article 17, he/she may provide a person entrusted with such operation (hereinafter referred to as “entrusted person”) with materials or funds necessary for such operation. <Amended by Ordinance No. 4705, Nov. 13, 2008>
Article 19 (Duties of Entrusted Persons)
(1) An entrusted person shall manage the entrusted work with due care as a good manager while operating such work.
Article 20 (Revocation, etc. of Entrustment)
The Mayor may take such measures as issuing corrective orders and the revocation of entrustment in any of the following cases: <Amended by Ordinance No. 4705, Nov. 13, 2008>
Article 21 (Guidance and Supervision)
(1) The Mayor may issue to entrusted persons, guidelines necessary to handle the entrusted work and oversee whether they implement such guidelines, and may issue to entrusted persons instructions necessary to perform their work.
Article 22 (Enforcement Rule)
Necessary matters regarding the enforcement of this Ordinance shall be prescribed by the Enforcement Rule.
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