법은 죽은 자를 어떻게 호명하는가 - 죽음관리정치와 사자존엄(死者尊嚴) 문제를 중심으로

초록

This study critically examines how the notion of a “dignified death” has been addressed in South Korea’s legal and institutional frameworks in the wake of the COVID-19 pandemic. Drawing on data from the Korean Law Information Center, it collects laws concerning the deceased, classifies the legal references to the dead by theme, and analyzes the formation and development of death-related legislation through the lens of historical institutionalism. The findings reveal that the law functions as a linguistic practice that classifies and institutionalizes death across physical, cultural, social, and symbolic dimensions. Public and private law regulate death through frameworks centered on bodily respect and property rights, respectively. Notably, key statutes such as the Act on Funeral Services, the Act on the Establishment and Support of Sound Family Rituals, and the Infectious Disease Control and Prevention Act tend to omit the concept of posthumous dignity, rather than guaranteeing it universally. These legal frameworks have evolved through a path-dependent structure shaped by the legacy of colonial-era sanitary governance and the external shocks of infectious disease outbreaks, prioritizing administrative efficiency and public hygiene. As a result, posthumous dignity is only conditionally recognized and remains institutionally marginalized within the logic of state governance. The study calls for the codification of minimum standards for respectful treatment of the dead, even in times of crisis, and argues that death should be redefined not as a matter of administrative disposal but as a legal and social right.

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