@article{ART001057808},
author={Kim, Sang Myeong},
title={A Legal Study on the Site Right of Graveyards},
journal={Public Land Law Review},
issn={1226-251X},
year={2007},
volume={35},
pages={289-313}
TY - JOUR
AU - Kim, Sang Myeong
TI - A Legal Study on the Site Right of Graveyards
JO - Public Land Law Review
PY - 2007
VL - 35
IS - null
PB - Korean Public Land Law Association
SP - 289
EP - 313
SN - 1226-251X
AB - Graveyards, in general, are established on the land of the its owner. However there are some cases that they are established on the land of owner with the permission or without it. The owner of the graveyard has the site right of the graveyards, many realistic problems such as damage of nature, inefficiency of national land, and infringement of ownership have been happened and to regulate these a funeral law was enacted. The site right of the graveyards is not against to the principle of realty in Civil Law, and although funeral law excludes the existence of the site of graveyards expressively, it is reasonable that the exclusion will be recognized only in the case, among the precedents which courts have acknowledged, of prescribing the site of graveyard by establishing a graveyard in the land of others without permit of the owner.However the site right of the grave superficies which had been recognized by the judical precedents has been threatened recently. One of the maim reasons is to enact the new law on the land. The law does not permit the other person, such as the owner of the grave, to occupy the right of grave having established without the owner's permission of to land. The law of the funeral explains the content related to the right of the grave. So the right of preservation of the grave superficies and the right of the land may be abolished. In this study, I would like to explain the theories and the former judical precedents on the right. After studying on the funeral law and the future of the grave superficies, I would like to make view for the desirable targets.
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Kim, Sang Myeong. (2007). A Legal Study on the Site Right of Graveyards. Public Land Law Review, 35, 289-313.
Kim, Sang Myeong. 2007, "A Legal Study on the Site Right of Graveyards", Public Land Law Review, vol.35, pp.289-313.
Kim, Sang Myeong "A Legal Study on the Site Right of Graveyards" Public Land Law Review 35 pp.289-313 (2007) : 289.
Kim, Sang Myeong. A Legal Study on the Site Right of Graveyards. 2007; 35 289-313.
Kim, Sang Myeong. "A Legal Study on the Site Right of Graveyards" Public Land Law Review 35(2007) : 289-313.
Kim, Sang Myeong. A Legal Study on the Site Right of Graveyards. Public Land Law Review, 35, 289-313.
Kim, Sang Myeong. A Legal Study on the Site Right of Graveyards. Public Land Law Review. 2007; 35 289-313.
Kim, Sang Myeong. A Legal Study on the Site Right of Graveyards. 2007; 35 289-313.
Kim, Sang Myeong. "A Legal Study on the Site Right of Graveyards" Public Land Law Review 35(2007) : 289-313.
