종교단체 사설봉안당 설치신고 불수리처분 취소
1. On October 30, 2015, the Defendant issued a disposition of non-acceptance of the report on the establishment of the private salary base to a religious organization against the Plaintiff.
1. Details of the disposition;
A. On October 25, 2012, the Plaintiff acquired the ownership of the 4th and 5th class of the C6th class of the building located in Hysan-si B (hereinafter “instant building”).
On May 6, 2013, the Plaintiff filed a report on the establishment of a private charnel hall with a religious organization in order to install the remains of 952 square meters on the fifth floor of the instant building 987 square meters, to the Defendant.
B. On July 4, 2013, the Defendant rendered a non-acceptance disposition on the report on the establishment of a religious organization’s private charnel hall (hereinafter “previous disposition”) to the Plaintiff on the following grounds.
① In order to be recognized as a religious organization that is able to establish a memorial party, there must exist a pastor and a large number of believers, and the Plaintiff must have the substance as a religious organization. However, it is difficult to recognize the Plaintiff as a religious organization that is able to establish a memorial party because there is no basic organization. ② The purport of allowing the Plaintiff to submit documents proving that the Plaintiff is a religious organization upon reporting the establishment of a religious organization is to determine whether the owner of the relevant funeral establishment can exercise his/her right as the owner for the purpose of the stability and continuity of the funeral establishment, and it is determined that the stability and continuity of the funeral establishment if there is a large number of collateral mortgages, and ③ preventing the installation of a private memorial party in the vicinity of an area where residents are concentrated, is to protect individual interests in the living environment, such as pleasant dwelling, landscape, health, sanitation, etc. of the residents.
On October 22, 2014, the Plaintiff is dissatisfied with the previous disposition and filed a lawsuit seeking revocation of non-acceptance of the report on the establishment of a religious organization’s private charnel house under the Jeonju District Court 2013Guhap201051, and the said court dismissed the Plaintiff’s claim on the ground that “the Plaintiff is merely a formal church that did not have any substance as an end organization and does not constitute a religious organization, one of which is the main body of establishing a private charnel facility.”