분묘의 존속기간 제한에 관한 소고

A temporary burial system under the Funeral Law will enter into force from2016. However, it is a situation to not construct any system about thiseffectiveness.42)A regulation on the temporary burial system under the Funeral Law is thespecial regulation rather than the site right of graveyards under the 「Civil Law」 and has the characteristics of compulsory provisions: provided however thatit is necessary to take the following measures so as to enforce effectively thetemporary burial system under the Funeral Law: ① the simultaneous investigationfor securing the accuracy of a graveyard registration document, ② the spread ofinformation relating to a temporary burial system, ③ the expansion in the scopeof a temporary burial system, ④ the plan of a funeral notice connected with adeath notice, ⑤ the thoroughness of administration about an existing graveyard. Furthermore, because any prior preparation is insufficient in a situation inwhich the direct effectiveness time of a temporary burial system is approaching,the maintenance and abolition of this system is discussed. With regard to this,the temporary burial system shall be understood in the viewpoint of harmonizingthe legal stability with the practical reasonableness. That is, since the 「FuneralLaw」 in 2000 provides a temporary burial system, which will be effective forthe first time in 2016, there is sufficient time left for the enforcement of thissystem. Therefore, the provisions relating to the temporary burial system underthe Funeral Law shall be made to come into force in itself.