This study is a comparative study of law in Korea and the United States on the qualification system related with the funeral, embalmer and funeral director, concerning the regulations of funeral service. Based on this comparative study of law, I will ...
This study is a comparative study of law in Korea and the United States on the qualification system related with the funeral, embalmer and funeral director, concerning the regulations of funeral service. Based on this comparative study of law, I will discuss the problems concerning the qualification system related with the funeral, embalmer and funeral director, in Korea and make appropriate suggestions for a revised bill.
There is currently no qualification for embalmer in Korea. The qualification for funeral director in Korea was enforced on August 5, 2012. The current Act on Funeral Services, etc. regulates that the mayor and governor of a province may grant the funeral director certificate of qualification to a person who has expert knowledge and skills relating to funeral services and fulfills the necessary requirements. Also, the current Act on Funeral Services, etc. prescribes that people who want to become a funeral director must finish all of the required courses from an educational institution for funeral director. In addition, the mayor and governor of a province must issue a funeral director certificate of qualification to a person who has finished all of the required courses from an educational institution for funeral director without examination.
There are laws regulating the qualification for embalmer and funeral director in the United States. Under these regulations, embalming and funeral directing may be performed only by a licensed embalmer and funeral director. Also, a person should not be engaged in the business of embalming and funeral directing at a funeral establishment unless the person is licensed as an embalmer and funeral director.
In Texas, those hoping to obtain a funeral director’s license and an embalmer’s license must graduate from a college of mortuary science accredited by the American Board of Funeral Service Education and successfully pass the applicable written examination(National Board Examination and State Mortuary Law) given by both the International Conference of Funeral Service Examining Boards and the Texas Funeral Service Commission. After, the person must enroll in the Texas Funeral Service Commission and complete all of the requirements of the provisional license program for at least 12 consecutive months but not more than 24 consecutive months. Finally, the person can get a funeral director’s license and an embalmer’s license issued by the Texas Funeral Service Commission. Licensed funeral directors and embalmers who actively practice in this state are also required to obtain 16 hours of continuing education credits every two year renewal period in order to keep the license.
From this study, I drew several problems of the qualification system related with the funeral, embalmer and funeral director, in Korea through the comparative study of law in Korea and the United States. I propose suggestions for a revised bill to solve the problems of the qualification system related with the funeral, embalmer and funeral director, in Korea. These suggestions for a revised bill are as follows:
First, there is currently a lack of regulation that deals with the qualification for embalmer in the current law in Korea. The lack of regulations allows anybody to embalm without legal constraints, even if the person is unqualified. Therefore, the Act on Funeral Services, etc. requires a new regulation that deals with the qualification for embalmer, in order to prevent hazards compromising the public’s safety and health when the deceased body is exposed to the public, which can be done by installing a room where the coffin is placed.
Second, there is no regulation regarding the funeral director qualification exam in the current law in Korea. Currently, a person who finishes all of the required courses, consisting of merely 300 hours, from an educational institution for funeral director, which are jumbled up nationwide, can obtain a certificate of qualification for funeral director directing without having to complete an examination. Producing a poorly educated a funeral director without proper examination diminishes the quality of funeral services and the credibility of the profession of funeral director. These situations can be very detrimental to Korea’s funeral system in the future. Therefore, the Act on Funeral Services, etc. requires a new regulation that specifies the need for a funeral director qualification exam, in order to verify if a person has the required knowledge and skills of funeral service, and has the necessary qualifications to become a funeral director for improving the quality of funeral services, such as the sanitation of the body, reinforcing the profession and credibility of funeral director, and offering better funeral services.
Third, there is no regulation in the current law that requires the funeral director to undergo continuous education. This can be concerning to the quality of funeral directors because the funeral director is not required to enroll in continuous education to strengthen the profession of funeral director and improve the quality of funeral services. Therefore, the Act on Funeral Services, etc. requires a new regulation that deals with the funeral director obtaining continuous education, in order to maintain and develop expert knowledge and skill of funeral services.
Finally, there is no current regulation regarding the funeral director’s obligatory employment, and therefore allows a person who does not have a certificate of qualification for funeral director to engage in funeral services at a funeral establishment. Furthermore, a person who has a certificate of qualification for funeral director is not always guaranteed employment at a funeral establishment. This can create concerns in regards to the deterioration of the authority and value of a national certificate of funeral director. Therefore, the Act on Funeral Services, etc. requires a new regulation that deals with t