Journal of the Architectural Institute of Korea (대한건축학회논문집)

Architectural Institute of Korea (대한건축학회)
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A Study on the Changes in Legal Systems Related to Urban Cemeteries - Focusing on whether the laws directly or indirectly regulate cemeteries and their characteristics -

도시묘지 관련 법제도의 변천 과정에 대한 연구 - 법령이 묘지를 규정하는 방식과 층위를 중심으로 -

  • Kee, Se-Ho (Faculty of Liberal Education, Seoul National University) ;
  • Baek, Jin (Department of Architecture and Architectural Engineering, Seoul National University)
  • 기세호 (서울대학교 기초교육원) ;
  • 백진 (서울대학교 건축학과)
  • Received : 2023.06.05
  • Accepted : 2023.09.05
  • Published : 2023.09.30
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Abstract

The arrangement of cemeteries in urban areas has always been a significant issue due to the meaning associated with them. Because of this, cemeteries did not completely disappear from cities during the conflicts caused by modernization, and through legal and institutional consensus, they have found a new presence in urban areas in the form of cemetery parks. However, due to colonial rule, war, dictatorships, and other factors, we have been unable to achieve sufficient consensus on urban cemeteries. This conflict has become increasingly complex and persists until the present day. In this study, as an initial effort to address these issues, we investigated the historical changes of laws related to urban cemeteries. By analyzing various cemetery-related laws spanning approximately 100 years, from the Regulation of Cemetery, Burial, and Cremation during the Japanese colonial period to recent amendments to the Creation And Management Of Forest Resources Act, we examined whether these laws directly or indirectly regulate cemeteries. Additionally, we investigated the characteristics of urban cemeteries across four layers: area, use, form, and establisher&user. We have become aware of three tendencies in this regard. First, there is a gradual shift in our laws towards providing institutional support for the establishment of urban cemeteries. Second, these changes are channeled through various indirect laws rather than direct laws. Third, there is an introduction of cemeteries with diverse characteristics in terms of area, use, form, and establisher&user. However, we have also recognized certain limitations. Some regulations from the past continue to exist, and due to the negative image of the cemeteries among the public, new legal restrictions and practical obstacles are arising. As a result, the long-term settlement of our urban cemetery requires further observation from a broader perspective.

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