비영리법인 설립허가신청불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On October 26, 2016, the Plaintiff filed an application for the establishment permission of the Foundation C (hereinafter “the Foundation”) with the Defendant on October 26, 2016, to develop a natural burial ground (hereinafter “instant natural burial ground”) on the aggregate of five parcels, including Gyeyang-gun, Gyeonggi-do (hereinafter “instant land”).
B. On November 18, 2016, the Defendant rendered a disposition denying the establishment of the instant foundation (hereinafter “instant disposition”) to the Plaintiff on the following grounds.
It is difficult to deem that creating a natural burial ground by establishing a new foundation is consistent with the plan for the supply and demand of funeral facilities of Pyeongtaek-gun, because the demand for natural burial ground referred to in the mid- and long-term supply and demand plan for the funeral service facilities of Yangyang-gun is satisfied as currently within the jurisdiction of Yangyang-gun, and the private natural burial ground is encouraged to be converted into a natural burial ground by using existing cemeteries. Considering that the location of a tourist resort, a water source house, an accommodation facility, etc. is located in the surrounding area of a planned area for the project, conflicts among local residents and the general social interest in the establishment of a natural burial ground is larger than the profit from the regional economic development. [The grounds for recognition] There is no dispute, Gap
2. Whether the disposition is lawful;
A. As to the Defendant’s assertion that the instant disposition is lawful on the grounds of the grounds of the disposition and the relevant statutes, the Plaintiff asserts that the instant disposition was unlawful as it deviates from or abused discretion, in light of the following circumstances.
1) The grounds why the instant land is not consistent with the supply and demand plan of the funeral facility, cited by the Defendant, are based on a plan formulated in 2010, which does not fit the real situation, and lack the basis of fact. 2) The instant land is streeted from nearby roads, authorizations, public concentrated facilities, etc., and there is no risk of conflict with local residents.