장사법상 묘지시설의 설치 제한에 관한 법제 개선방안

A funeral system which has close connection with social values and social environments receives recently lots of changes. However, in spite of these changes, with regard to the cemetery system under the Act on Funeral Services, very strict regulations are applied to the realm to regulate matters on the cemetery installation. One of the very strictly applied regulations among them is a provision on the cemetery installation restriction region relating to Article 17 of the Act on Funeral Services. This installation restriction of the cemetery, etc. was first introduced as Article 15 under the title of the Act on Funeral Services on January 12, 2000 and has carried over until now. Provided that, its detailed contents have been amended several times but changed into the more strict phases rather than the mitigated aspects in the relationship with other laws. Then, the relationship of the present Act on Funeral Services with lots of laws & regulations on the cemetery installation restriction region is put more strict limitation by the Act on Funeral Services itself rather than the compulsion by the applicable laws & regulations. However, it is necessary to reconsider the strictness of the cemetery installation restriction among the present funeral service systems in step with the change of social environments on the funeral culture. In the view of legal system, two mitigation plans may be considered as follows: one plan to mitigate the individual legal provisions of Article 17 of the Act on Funeral Services and the other plan to amend some provisions relating to other laws among the general rules of the Act on Funeral Services. With regard to the plan to regulate the relationship with other laws & regulations, there are several plans depending on how to set up the relationship with other laws & regulations. In the event that it is required to make the Act on Funeral Services completely amended to form a new type of funeral system, it is effective to achieve the purpose of the legislation for the mitigation of the cemetery installation restriction according to the relationship of the Act on Funeral Services with other laws through a plan to prescribe in the general rules the type in which some matters in the relationship with other laws are preferentially applied by the Act on Funeral Services and other matters shall be preferentially applied by other laws & regulations.