Daily administration

Permit to Relocate an Unclaimed Grave — 2 Public Notices, a 3-Month Period, and Reporting After Cremation and Enshrinement

A grave installed without the landowner's consent may be relocated under Article 27 of the Act on Funeral Services, Etc. with a permit from the city, county or district office that has jurisdiction over the grave. If the relatives are known, notify them in writing with a period of at least 3 months; if they are unknown, publish the same notice at least 2 times, with the second notice published after 40 days have passed since the first. If the relatives are still unknown after the notice period ends, submit a grave relocation permit application (processing period 3 days), cremate the remains once the permit is granted, enshrine the remains for 5 years before final disposal, and report this to the city, county or district office. Digging up a grave without a permit is punishable by imprisonment of up to 1 year or a fine of up to 10,000,000 won.

Procedure

  1. 1. Check the grave's condition and land ownership

    On site, check the grave's location, number, mound condition and whether there is a marker such as a headstone, and take the photographs of the grave to attach to the application. Confirm through the land register and the certified copy of the land registry that the applicant owns the land, and organize the background showing the grave was installed without the owner's consent. These materials form the basis of the application's statement of reasons why the relatives are unknown and the proof-of-ownership documents.

  2. 2. Notify the relatives or publish a public notice

    The notification or notice states the location of the grave, the reason for relocation, where and for how long the remains will be placed after relocation, and the landowner's name, address and contact details, and sets a period of at least 3 months. If the relatives are known, this is sent to them in writing; if they are unknown, it is published at least 2 times either in 2 or more daily newspapers (including at least 1 national daily) or on the website of the relevant province or city, county or district and in at least 1 daily newspaper. The second notice is published after 40 days have passed since the first.

  3. 3. Submit the grave relocation permit application

    If the relatives are still unknown after the notice period ends, submit a grave relocation permit application to the city, county or district office with jurisdiction over the grave. Attach photographs of the grave, the reasons why the relatives are unknown, documents proving ownership of the land, documents proving that the grave's relatives have no right to use the land, and the notification or public notice; the land (forest) register and land registry information are checked by the official in charge through shared administrative information. The form lists a processing period of 3 days, and once approved a grave relocation permit is issued.

  4. 4. Relocation, cremation and 5-year enshrinement

    After receiving the relocation permit, open the grave, cremate the body or remains, and enshrine the remains in an enshrinement facility for 5 years. When the enshrinement period ends, the remains are scattered at a facility for scattering cremated remains within a funeral facility or given a natural burial. Book the crematorium and arrange the enshrinement facility contract in advance to match the relocation date.

  5. 5. Report the disposal

    After cremating, enshrining and disposing of the remains following the public notice, you must report this to the relevant city, county or district office. Relocating without notification or public notice, failing to follow the enshrinement period and disposal method, or failing to report the disposal is subject to an administrative fine. Keep the relocation permit and the cremation and enshrinement certificates until the process is complete.

Required documents

  • Grave relocation permit application (Enforcement Rules of the Act on Funeral Services, Etc., Annexed Form No. 3)
  • Photographs of the existing grave
  • Statement of reasons why the grave's relatives are unknown
  • Documents proving that the cemetery or land is owned by the applicant
  • Documents proving that the grave's relatives have no right to use the land
  • Notification or public notice (newspaper pages, copy of the website notice)
  • Letter of authorization (when submitted by a representative)

Fees

Typically tens of thousands to several hundred thousand won in the industry · We provide a quote after consultation, depending on the number of graves, whether the relatives are identified, the notice method and whether reporting of the disposal is included. Government fees, newspaper notice costs and cremation and enshrinement costs are separate.

Legal basis and review date

  • Act on Funeral Services, Etc., Article 2
  • Act on Funeral Services, Etc., Article 8
  • Act on Funeral Services, Etc., Article 27
  • Act on Funeral Services, Etc., Article 40
  • Act on Funeral Services, Etc., Article 42
  • Enforcement Decree of the Act on Funeral Services, Etc., Article 26-2
  • Enforcement Rules of the Act on Funeral Services, Etc., Article 14
  • Enforcement Rules of the Act on Funeral Services, Etc., Article 18
  • Enforcement Rules of the Act on Funeral Services, Etc., Annexed Form No. 3
  • Criminal Act, Article 160

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

  • A permit can be applied for only after 2 notices 40 days apart and a notice period of at least 3 months, so if you plan to sell the land or start construction, begin with the public notice first.
  • Even after the permit is granted, the process ends only when cremation, enshrinement and the disposal report are complete, so keep the supporting certificates.

Frequently asked questions

Can I simply move or remove an unknown grave on my land?
No. Even a grave installed without the landowner's consent may be relocated only after notification or public notice and a relocation permit from the city, county or district office. Relocating without a permit is punishable under Article 40 of the Act on Funeral Services, Etc. by imprisonment of up to 1 year or a fine of up to 10,000,000 won, and digging up a grave may also be punished under Article 160 of the Criminal Act.
Where and how many times must the notice for an unclaimed grave be published?
At least 2 times, with the second notice published after 40 days have passed since the first. Choose one method: publishing in 2 or more daily newspapers (including at least 1 national daily), or publishing on the website of the relevant province or city, county or district and in at least 1 daily newspaper. The notice states the grave's location, the reason for relocation, where and for how long the remains will be placed, and contact details, and sets a period of at least 3 months.
What happens if the relatives are identified during the notice period?
Once the relatives are known, notify them in writing of the reason for relocation and the place and period of placement instead of a public notice, and allow a period of at least 3 months. If the relatives decide to move the grave themselves, they file a relocation report with the city, county or district office where the body or remains are located (and also with the office for the destination if they move it to another grave or cremate it) and then relocate it.
How are the relocated remains handled?
They are cremated and enshrined for 5 years. When the enshrinement period ends, the remains are scattered at a facility for scattering cremated remains within a funeral facility or given a natural burial, and the disposal is reported to the relevant city, county or district office.
Does an administrative agent handle unclaimed grave relocation permit applications?
Yes. Hwang Yunsang Administrative Office handles site checks and organizing grave photographs, checking public records such as the land register and land registry, preparing the notification and public notice and managing the notice schedule, preparing the statement of reasons why the relatives are unknown and the relocation permit application, submitting them to the city, county or district office on the client's behalf, and preparing the disposal report documents.

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.