Non-profit corporations

Establishing a Funeral Foundation — Site Review and Establishment Permit for Charnel Houses, Natural Burial Grounds and Corporate Cemeteries

To operate a corporate cemetery, charnel facility (columbarium) or natural burial ground as a corporation, you establish an incorporated foundation under the Act on Funeral Services, etc. After the establishment permit, a corporate cemetery or natural burial ground needs a separate facility installation permit, and a charnel facility needs a separate installation report. The applicable standards and local ordinances differ by facility type and size. If the site is one where the facility cannot be built, establishing the foundation is of no use, so the site assessment comes first.

Procedure

  1. 1. Decide the facility type and size

    First decide which facility you will operate — charnel house, charnel grave, natural burial ground or corporate cemetery — and at what size. The installation standards in the Enforcement Decree and Enforcement Rule of the Act on Funeral Services, etc. and the ordinances of the local government concerned differ by facility type.

  2. 2. Assess site restrictions

    Use the land use plan confirmation certificate to check whether restrictions overlap on the site: the zoning (use area), agricultural promotion area, preserved mountainous district, development restriction zone, military protection zone and water source restrictions. Also check whether the site adjoins a road on the cadastral map and whether the access road crosses private land.

  3. 3. Clear the property to be endowed

    The land to be endowed must be free of collateral mortgages and provisional attachments, and it must be possible to transfer it into the foundation's name immediately after the establishment permit. Only then is it recognized as basic property. If there is any security interest on the land, clear it before applying for establishment.

  4. 4. Apply for the establishment permit for the incorporated foundation

    Prepare the articles of incorporation, the list of property, the business plan and the list of officers, and apply to the competent authority for an establishment permit. The establishment permit and the incorporation usually take several months.

  5. 5. Follow-up procedures such as the funeral facility installation permit or report

    After the foundation is established, a corporate cemetery or a corporate natural burial ground needs a permit from the head of the city, county or district (si/gun/gu) where the facility is located, and a charnel facility needs an installation report. Where necessary, individual approvals such as a development activity permit or mountainous district conversion are also obtained. The facility may be operated only after its completion has been confirmed following installation.

Required documents

  • List of lot numbers, land use plan confirmation certificate, cadastral map, land registry certificate
  • Photographs of the current access road and materials showing road frontage
  • Application for an establishment permit for an incorporated foundation, articles of incorporation, list of property, written pledge of endowment
  • Business plan and budget of income and expenditure
  • List of officers and letters of acceptance of office, identity documents of the founder
  • If a religious organization makes the endowment: the organization's written resolution and documents on its representative

Fees

At Hwang Yunsang Administrative Office, the service fee for establishing a non-profit corporation starts from 1,500,000 won (VAT excluded). For a funeral foundation, the scope varies depending on whether the work also covers the site review and the documents for the funeral facility installation permit or report. The registration and license tax for the registration of incorporation and the surveying and design costs are separate. We will advise on the fee after reviewing the site materials and a consultation.

Legal basis and review date

  • Act on Funeral Services, etc., Article 14
  • Act on Funeral Services, etc., Article 15
  • Act on Funeral Services, etc., Article 16
  • Act on Funeral Services, etc., Article 17
  • Enforcement Decree of the Act on Funeral Services, etc., Article 20
  • Civil Act, Article 32

Checked against the statutes on

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

  • Before signing a land sale contract or spending money on design, first get a preliminary review based on the lot numbers, land use plan confirmation certificate, cadastral map and photographs of the access road.
  • If a religious organization separates its funeral business into a separate foundation, the accounts and property are kept apart, which makes it easier to continue the business even when the representative changes.

Frequently asked questions

Must a charnel house or corporate cemetery be operated by an incorporated foundation?
For a corporate cemetery, only an incorporated foundation established for the purpose of installing and managing cemeteries can obtain the permit. For a charnel facility, an incorporated foundation must be established in order to enshrine 500 or more sets of remains. Exceptions apply where a public corporation or religious organization installs the facility, or where only the remains of relatives or clan members are enshrined. Religious organizations have a separate route for installing a charnel facility for their followers, so the suitable form is decided by looking at the facility size and the intended users.
What should be checked first before establishing a funeral foundation?
The site check comes first. Use the land use plan confirmation certificate to check whether restrictions such as a development restriction zone, preserved mountainous district or water source restrictions overlap, and whether the access road adjoins a road. Proceed with the land contract or the design only after that.
May land with a collateral mortgage be endowed?
Land with a collateral mortgage or provisional attachment is unlikely to be recognized as basic property. Clear the security interest first so that the land can be transferred into the foundation's name immediately after the establishment permit.
Who may develop a tree-burial natural burial ground?
Apart from individual and family natural burial grounds, a natural burial ground operated by a corporation or similar body is developed, with a permit, by an entity specified in the Act, such as an incorporated foundation or a religious organization. For a tree burial forest inside a forest, forest-related standards also apply.
Can operation start right after the establishment permit is granted?
No. After the foundation is established, it must go through the funeral facility installation permit (an installation report for a charnel facility) and individual approvals such as a development activity permit. Operation is possible only after the facility is built and confirmed.

Contact us

Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.

📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com

This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.