Busan Metropolitan City Ordinance on Funeral Services, etc.
- Article 1 (Purpose)
- The purpose of this Ordinance is to prescribe such matters as delegated and those by the Funeral Services, etc. Act and the Enforcement Decree of the Funeral Services, etc. Act and those necessary to operate the facilities for funeral services established by the Busan Metropolitan City.
- Article 2 (Name and Location of Public Facilities for Funeral Services)
- The name and location of the facilities established and operated by the Busan Metropolitan City (hereinafter referred to as the “City”) shall be as specified in the attached Table 1.
- Article 3 (Permission of Public Facilities for Funeral Services, etc.)(1) A person who intends to use public facilities for funeral services shall obtain the permission of use from the Mayor of the Busan Metropolitan City (hereinafter referred to as the “Mayor”). The same shall also apply in case he/she intends to changes the permitted matters.
- (2) If a person intends to extend the permitted period of use, he/she shall apply for the permission of extension by 60 days before the period expires.
- (3) A relative of the dead, who intends to receive permitted rights to use by succession, shall report to the Mayor with relevant documents proving the succession.
- (4) A person who is able to use public family enshrinement graves and public enshrinement
walls shall be the person whose address has been in the City or in Yeorak-ri, Beopgi-ri, and
Gaegok-ri, Dong-myeon, Yangsan-si, Gyeongsangnam-do (hereinafter referred to as the
“applicant” in this Article) since three months before the date of application for permission of
use, and the subject of enshrinement shall be as follows:
- 1. Applicant and his/her spouse;
- 2. Applicant’s lineal blood relatives and their spouse;
- 3. Applicant’s blood relatives within the fourth degree of relationship and their spouse; and
- 4. Lineal blood relatives and brothers and sisters of the spouse of the applicant.
- (5) The person subject to the enshrinement of public enshrinement walls shall be the individual or one of the married couples to be enshrined, whose address is in the City or in Yeorak-ri, Beopgi-ri, and Gaegok-ri, Dong-myeon, Yangsan-si, Gyeongsangnam-do when he/she dies.
- (6) A person who is able to use public cemeteries, public crematoriums, and public funeral halls shall be the person who intends to bury, cremate, or hold a funeral for the person whose address is in the City when he/she dies, but unless there exists any impediment to the supply and demand of facilities, the person, who intends to bury, cremate, or hold a funeral for the residents outside of the City and foreigners who are dead, are able to use them.
- (7) A person who is able to use public enshrinement houses shall be the person who intends to
enshrine the dead person whose address is in the City. In this case, if a person who falls under
the following subparagraphs dies, public enshrinement houses may be used in preference
considering the state of the supply and demand of public enshrinement houses.
- 1. A recipient under Article 2 (2) of the National Basic Living Security Act;
- 2. A person of distinguished services to the State to whom the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State applies; and
- 3. A war veteran to whom the Honorable Treatment of War Veterans, etc. Act applies.
- (8) Notwithstanding paragraph (6) and (7), the public facilities for funeral services may be used
in a case falling under the following subparagraphs:
- 1. In case of enshrining the dead person whose address is in Yeorak-ri, Beopgi-ri, and Gaegok-ri, Dong-myeon, Yangsan-si, Gyeongsangnam-do when he/she dies in the enshrinement house of the Busan Memorial Park; and
- 2. In case of cremating the dead person who have lived in the City, which is his/her domestic sojourn place for registration under Article 31 of the Immigration Control Act, not less than three years as a foreigner obtaining the permanent residence under Article 10 of the Immigration Control Act in the crematorium of the Busan Youngrak Park or enshrining him/her in the enshrinement house of the Busan Memorial Park.
- (9) If a person who obtains permission of use of public enshrinement facilities demands that the remains of the dead be handed over in order to enshrine them in other enshrinement facilities, the Mayor may accept it.
- Article 4 (Revocation, etc. of Public Facilities for Funeral Services) (1) The Mayor may revoke the permission of use of public facilities for funeral services of a person obtaining the permission of the use under Article 3 or may order the user to rebury or to restore the original state in a case falling under any of the following subparagraphs:
-
- 1. In case of not obtaining change of the permission of use or permission of extension;
- 2. In case of destroying or damaging materials and facilities of public facilities for funeral services;
- 3. In case it is necessary for new building, extension, rearrangement, or improvement of public facilities for funeral services;
- 4. In case it is necessary for disaster prevention and restoration in the establishment area of public facilities for funeral services;
- 5. In case a user of public family enshrinement graves or public enshrinement walls has not enshrined in the permitted family enshrinement graves or the permitted enshrinement walls due to his/her emigration or an inevitable cause;
- 6. In case the total permitted period expires;
- 7. In case of transferring the permitted public cemeteries or the permitted public enshrinement facilities to other persons;
- 8. In case of changing the structure of graves or public enshrinement facilities voluntarily or establishing other structures; and
- 9. In case of violating the related Act and subordinate statute or this Ordinance.
- (2) If the Mayor intends to revoke the permission of use due to the reason falling under subparagraph 1 to 4, he/she shall notify the user in writing in advance, and in a case falling under subparagraph 1 and 2, he/she shall give an opportunity to state their case orally or in writing (including electronic documents) for the fixed period of time of ten or more days. In this case, it shall be deemed that there is no such statement if it is not presented until that period expires.
- (3) A person who receives the order to rebury or to restore the original state, or the notification of revocation of the permission of use shall rebury or restore the original state, or shall scatter the remains of the dead in the place where facilities are installed for scattering the remains of the dead within six months from the date of receiving that order or notification
- (4) If a person who receives the order or the notification fails to fulfill the liability, the Mayor may bury them in the designated place in a group by applying mutatis mutandis Article 3 to Article 6 of the Administrative Vicarious Execution Act.
- (5) Article 14 of the Administrative Procedures Act shall apply mutatis mutandis to the methods of the order to rebury or to restore the original state, or the notification of revocation of the permission of use under paragraph (1) and (2).
- Article 5 (Collection of Fees, etc. of Public Facilities for Funeral Services)(1) The fees and maintenance fees by sorts that the Mayor collects from a user (hereinafter referred to as the “fees, etc.”) shall be as specified in the attached Table 2.
- (2) The fees, etc. under paragraph (1) shall be collected with the permission of use, and the fees, etc. equivalent to the remainder of the period of use shall be paid entirely.
- (3) Notwithstanding paragraph (1), in a case falling under any of the subparagraphs of Article 3 (8), the fees, etc. for Busan citizens shall apply.
- Article 6 (Reduction and Exemption of Fees, etc. of Public Facilities for Funeral Services)
- The Mayor shall, if a dead person falls under any of the following subparagraphs, exempt the
fees:
- 1. A recipient under Article 2 (2) of the National Basic Living Security Act; or
- 2. A person of distinguished services to the State to whom the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State applies.
- 3. A homeless person of whom no one takes care
- (2) The Mayor shall, if a dead person falls under any of the following subparagraphs, reduce the
fees, etc. by 50 percent:
- 1. A war veteran to whom the Honorable Treatment of War Veterans, etc. Act applies;
- 2. A resident of Namsan-dong, Cheongnyongnopo-dong, and Sundugu-dong, Geumjeong-gu in case of the facilities for funeral services Busan Youngrak Park; or
- 3. A resident of Jeonggwan-myeon, Gijang-gun in case of the enshrinement house of the Busan Memorial Park.
- (3) Notwithstanding paragraph (1) and (2), reduction and exemption of the fees, etc. shall not apply to a person who intends to use public family enshrinement graves and public enshrinement walls.
- Article 7 (Return of Fees, etc. of Public Facilities for Funeral Services)(1) The Mayor shall return the fees, etc. equivalent to the remainder of the period of use in case of revoking the permission of use.
- (2) Article 82 of the Public Property and Commodity Management Act shall apply mutatis mutandis to the return of the fees, etc. under paragraph (1).
- Article 8 (Measures of the Remains of the Dead Cremated in Public Facilities for Funeral Services)
- The remains of the dead cremated in public crematoriums shall be enshrined or shall be scattered in the place where facilities are installed for scattering the remains of the dead: Provided, That if the bereaved family demands that the remains of the dead be handed over in order to enshrine them in other enshrinement facilities, it shall be accepted.
- Article 9 (Period of Use of Public Enshrinement Facilities)(1) The period of use of public enshrinement shall be 15 years, but and if a person requests the extension of the period, extension is possible with the limit of five years per each time and three times: Provided, That the period of use of enshrinement houses with no one to take care of it shall be 10 years.
- (2) The term of use for public family enshrinement graves shall be 15 years, but if a person
requests the extension of the period, the extension is possible with the limit of five years per
each time and within the total period falling under the following subparagraphs:
- 1. Total period of use in case of family enshrinement graves for 6 (2.45 m2 ): 70 years; and
- 2. Total period of use in case of family enshrinement graves for 12 (4.90 m2 ): 50 years.
- (3) The term of use for public enshrinement walls shall be 15 years, but if a person requests the
extension of the period, the extension is possible with the limit of five years per each time and
within the total period falling under the following subparagraphs:
- 1. Total period of use in case of individual: 35 years; and
- 2. Total period of use in case of married couples: 50 years.
- (4) Article 14 of the Enforcement Rule of the Funeral Services, etc. Act shall apply mutatis mutandis to public enshrinement facilities where the term of use expires under Article 1 to 3.
- Article 10 (Area of Use, etc. of Public Cemetery and Public Family Enshrinement Grave)(1) The area of use for each public cemetery shall be 4.95 m2 or less, and the area of use for each public family enshrinement grave shall be 4.90 m2 or less.
- (2) The structure, etc. of any facilities and things that can be installed for each public cemetery and each public family enshrinement grave shall be as specified in the attached Table 3.
- Article 11 (Entrusted Operation of Public Facilities for Funeral Services)
- In order to operate public facilities for funeral services efficiently, the Mayor may entrust the management and operation of public facilities for funeral services to public corporations established by the City or incorporated foundations established under the Civil Act for the installment and management of public facilities for funeral services.
- Article 12 (Prohibition of Bringing Food in Public Facilities for Funeral Services)
- Any person shall not bring food provided for mourners or workers of the funeral institution from outside of the public facilities for funeral services in public facilities for funeral services: Provide, That this shall not apply to food directly used for the funeral institution.
- Article 13 (Approach Road of the Busan Youngrak Park)
- Funeral coaches to use the facilities for funeral services of the Busan Youngrak Park shall use the exclusive approach road for funeral coaches of the Busan Youngrak Park through the Gyeongbu Expressway.
- Article 14 (Place of Installment of Public Enshrinement Graves)
- The place, which is prescribed by Municipal Ordinance of local governments in item (a) of subparagraph 3 of the attached Table 1 of the Enforcement Decree of the Funeral Services, etc. Act (hereinafter referred to as the “Decree”), shall be the place where public enshrinement graves are installed.
- Article 15 (Region of Restricted Installment of Cemeteries, etc.)
- The term “such region as
prescribed by Municipal Ordinance of local governments” in Article 22 (4) 11 of the Decree
means a place falling under any of the following subparagraphs:
- 1. Regions designated and publicly notified as areas vulnerable to natural disasters under Article 12 of the Countermeasures against Natural Disasters Act; or
- 2. Regions designated and publicly notified as areas of projects for the management of disaster risks under Article 6 of the Special Act on Projects for the Management of Disaster Risks and Relocation Measures.
- Article 16 (Extension of Period of Installment of Graves)
- The Mayer may extend the period of installment of graves.
- Article 17 (Prior Transaction, etc.)
- The term “such case as prescribed by Municipal Ordinance
of local governments” in Article 25 (5) of the Decree means a case falling under any of the
following subparagraphs:
- 1. In case of moving graves in order to perform public works the falling under any of the subparagraphs of Article 4 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor; or
- 2. In case of restore cemeteries lost due to force majeure or other equivalent causes.
- Article 18 (Preservation Cemetery Deliberation Committee)(1) The Busan Metropolitan City Preservation Cemetery Deliberation Committee (hereinafter referred to as the “Committee”) shall be established under Article 27 of the Decree, the chairman shall be the director general for welfare and health, the vice chairman shall be elected from among the members, and the members shall be appointed or commissioned by the Mayor from among those who fall under the following subparagraphs:
-
- 1. Fourth grade and over public officers belonging to the City;
- 2. Persons recommended by the Busan Metropolitan City Council;
- 3. Experts concerning funeral services having profound knowledge and moral repute; and
- 4. Persons recommended by civil organizations (referring non-profit, non-governmental organizations under Article 2 of the Assistance for Non-profit, Non-governmental Organizations Act).
- Article 19 (Standards of Designation of the City’s Preservation Cemeteries, etc.)
- The
standards of designation of the City’s preservation cemeteries shall be as follows:
- 1. Cemeteries or graves worthy of preservation from the perspective of local history and culture;
- 2. Cemeteries or graves of persons contributing to the enhancement of local patriotism; or
- 3. Cemeteries or graves of persons who have accomplishment for regional development or whose memory is cherished by citizens.
