Perspectives on Institutionalizing Scattering Burials as Natural Burials under the Funeral Act

The current “Act on Funeral Services, etc.” (hereinafter referred to as the ‘Funeral Act’) stipulates various funeral laws and specifically regulates natural burial as distinct from burial or cremation. However, the revised Funeral Act, which will take effect on January 24, 2025, envisions including the concept of scattering cremated remains within natural burial. Consequently, Article 2, Clause 1 of the Funeral Act now states, “‘Natural burial’ refers to the act of burying cremated remains under or around trees, flowers, grass, etc., or scattering them in areas such as the ocean as specified by presidential decree.” However, there seems to be room for examination from various aspects as to whether incorporating scattering as a form of natural burial was indeed a rational approach. First, the act of scattering cremated remains in mountains or seas is a common phenomenon in our customs, and when attempting to regulate this by law, it should be possible to identify social and cultural issues arising from such scattering activities. However, it is difficult to easily find indications that scattering is causing socio-cultural instability in our current society. Nevertheless, if we attempt to directly regulate scattering in the Funeral Act, which is one of the representative regulatory laws, it could be evaluated as excessive regulation, potentially considering all citizens as potential criminals. Next, considering the existing provisions related to natural burial in the Funeral Act comprehensively, there may be questions about whether incorporating scattering as a type of natural burial was logically appropriate. In particular, the concept of naturalburial in the current Funeral Act is quite narrow. Therefore, even if the act of scattering cremated remains is added as part of natural burial, as in the concept of natural burial in the Funeral Act to be implemented in 2025, the problem of not properly encompassing the concept of scattering remains uncorrected. Therefore, to introduce scattering into the Funeral Act, the content of related provisions should be revised to contrast with burial and cremation, as examined in this paper. In summary, if we intend to incorporate scattering as a type of natural burial, it would be necessary to first revise Article 2, Clause 3 of the current Funeral Act. However, in terms of its content, it should be designed to encompass various methods of handling cremated remains. Specifically, we could consider revising Article 2, Clause 3 of the current Funeral Act to read, “‘Natural burial’ refers to the act of disposing of cremated remains in specially prepared places in funeral facilities or burying or scattering them in the natural environment,” or “‘Natural burial’ refers to the act of scattering or burying cremated remains in certain areas within funeral facilities or in specific locations in mountains, rivers, or seas.”