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(영문) 대구지방법원 2017.10.17 2017구합22727

사설법인봉안당 설치변경신고 불수리처분취소

Text

1. On June 28, 2017, the Defendant’s disposition of non-acceptance of the report on the change of the establishment of a private foundation, which was made against the Plaintiff, shall be revoked.

Reasons

1. Details of the disposition;

A. On September 19, 2014, the Plaintiff is an incorporated foundation established for the purpose of establishing and operating charnel houses and charnel facilities after obtaining permission for establishment of establishment from the Mayor/Do Governor.

B. On January 26, 2015, the Plaintiff filed a report on the establishment of a private foundation’s salary hall (hereinafter “instant salary hall”) with the Defendant on the ground of 46-2, Kimcheon-si, Kimcheon-si, 19.07 square meters in total floor area and 528 square meters in an indoor area.

Accordingly, on February 26, 2015, the Defendant notified the Plaintiff of the performance of the report on the establishment of the salary ledger, including the following matters:

3. Standards for the establishment of a charnel hall to be established by an incorporated foundation - The charnel hall shall be equipped with the equipment to store remains in a sanitary manner, and the remains shall be buried in the interior of a charnel hall;

- Safety measures shall be taken to prevent harm to health and sanitation, such as shocking, damp-proofing, ventilation, etc.

- - Access roads and parking lots of not less than five meters wide shall be provided on the furnal bank.

- A management office, bereaved family convenience facility, facility to spread cremation remains, and other necessary facilities.

4. The reporter shall take measures in advance so as not to cause damage to neighboring residents, and shall continue the project after temporary suspension of the action following the report with respect to the civil petition generated during the implementation of the project, and shall also take the responsibility for the civil petition generated after completion of the project, and shall carry out the project after obtaining the report, permission, and approval under other Acts, and the report shall also be revoked if it is not reported, permitted, or approved under other Acts.

On June 2, 2016, the Plaintiff filed a report on the change of the size of a building to four stories above ground (1,206.08 square meters) on the ground (1,206.07 square meters) with the Defendant on June 2, 2016 on the change of the size of a building to four stories above ground (1,206.07 square meters).

Accordingly, the Defendant on June 15, 2016, on February 26, 2015, to the Plaintiff.