이장불승인처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff’s father B (hereinafter “the deceased”) is a war veteran who participated in the Korean War.
B. As the Deceased died on December 1, 2013, the following: (a) filed an application to bury the Deceased on the same day with the Defendant on the same day (hereinafter “instant application”); and (b) the Defendant, pursuant to the Act on the Establishment and Operation of National Cemeteries (hereinafter “National Cemetery Act”), determined the Deceased as a decedent to be buried in the National Cemetery; and (c) laid the decedent’s remains in the National Cemetery on December 3, 2013.
C. On April 14, 2016, the Plaintiff, who was the south of the Deceased, filed an application for a transfer to a place other than a national cemetery against the Deceased. However, on May 12, 2016, the Defendant rendered a decision not to approve the Plaintiff’s objection on the ground that the bereaved family (spouse and two children), other than the applicant for the transfer (spouse and two children), did not submit a written consent.
(hereinafter “Disposition in this case”). [Grounds for recognition] A] The fact that there is no dispute, Gap evidence Nos. 1, 2, 3, and Eul evidence Nos. 1 through 4, the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion wishing to be buried in a mountain before his birth. As in the instant case, in a case where there is no agreement among the co-inheritors, such as the Plaintiff, his/her spouse, and other children, etc., who are the head of the deceased, who is the resident of the company, has the right to manage and dispose of the harm of the deceased, so the Defendant is obligated to approve the instant request for transfer according to the Plaintiff’s opinion.
(b) Attached Form 1 of the relevant Acts and subordinate statutes;
C. Determination 1) The body or remains of a person buried or laid in a national cemetery shall be transferred to a place, other than a national cemetery, if his/her bereaved family members so wish (Article 7(2) of the National Cemetery Act; Article 7(2) of the National Cemetery Act; where a request for a transfer from a national cemetery to a place, other than a national cemetery, one copy of a certificate or a certified transcript of the records on family relations, a well-known explanatory book, and other deemed necessary by the Director of the National