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도시묘지의 법제도적 유형에 관한 연구 - 장사법 시행령의 도시묘지 설립 금지 규정을 우회하는 방법을 중심으로 -

A Study on the Legal Types of Urban Cemeteries - Focusing on Approaches to Circumvent the Urban Cemetery Prohibition Provision in the Enforcement Decree of the Act On Funeral Services -

  • 기세호 (서울대학교 기초교육원) ;
  • 백진 (서울대학교 건축학과)
  • Kee, Se-Ho (Faculty of Liberal Education, Seoul National University) ;
  • Baek, Jin (Department of Architecture and Architectural Engineering, Seoul National University)
  • 투고 : 2023.10.10
  • 심사 : 2023.12.13
  • 발행 : 2024.01.30

초록

Cemeteries have always been an important urban institution. However, our cities exhibit a dual attitude, on one hand strongly opposing cemeteries, and on the other supporting their establishment. In particular, Article 22, (4) 1. of the Enforcement Decree of the Act On Funeral Services, enacted in 1969, directly prohibited urban cemeteries. Following this, the establishment of urban cemeteries became possible only through approaches that circumvent this prohibition. Accordingly, our current urban cemeteries can be categorized into six types based on approaches that circumvent this provision. This study has analyzed these types based on the nature(direct, indirect) and characteristics(area, use, form, establisher & user) of the related laws. Firstly, national cemeteries are the type with the fewest constraints on establishment, thanks to the provision of the Act On The Establishment And Management Of National Cemeteries, which takes precedence over the Act On Funeral Services. However, owing to their uniqueness, there is a need to expand their relationship with the urban environment. Secondly, general funeral service establishments are permitted in green areas, but due to practical constraints such as resident opposition, their establishment is nearly impossible. Therefore, it is necessary to consider options for regenerating existing facilities to meet the demand. Thirdly, cemetery parks, established under the exception provision of Article 22, (4) 1. (a) of the Enforcement Decree of the Act On Funeral Services. They are regulated by the Act On Urban Parks And Green Areas and are well-known type of urban cemetery. However, they currently cannot fulfill their intended role due to outdated criteria and changed programs of the urban park. Hence, there is a need to consider reclassifying cemetery parks as living-zone parks rather than theme parks, making them more accessible to the citizens. Fourthly, urban woodland burial sites are cemeteries established within development restriction zones and urban natural parks zones with the intention of preserving nature. Despite their various advantages, there are few cases. Therefore, there is a need to connect them to the city through a variety of forest programs. Fifthly, charnel houses installed within religious assembly facilities are cemeteries that can be established as part of religious facilities in accordance with the provision of the Building Act. Although it is the most widely established type, there is a need for formal standards for interior spaces and a reconsideration of unnecessary constraints. Lastly, natural burial grounds for an individual or a family are the type allowed to be established under the exception provision of Article 22 (4) 1. (b) of the Enforcement Decree of the Act On Funeral Services. While they have the advantage of being relatively easy to establish as private spaces, they lack significance as urban institutions. By examining these six types, this study has tried to provide insights for the long-term settlement of our urban cemeteries.

키워드

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