자연장지 조성허가신청 불허가처분취소 청구의 소
1. The Defendant’s disposition of non-permission to develop a natural burial ground against the Plaintiff on March 30, 2017 is revoked.
2...
1. Details of the disposition;
A. On February 16, 2017, the Plaintiff filed an application with the Defendant for permission to develop a natural burial ground (hereinafter “instant application”) with respect to 18-9 m24 m24 m2 (hereinafter “instant application site”) with respect to the land owned by the Plaintiff, including a corporation, for the development of the natural burial ground (hereinafter “instant application”).
B. On March 30, 2017, the Defendant notified the Plaintiff that the instant application should be rejected on the following grounds (hereinafter “instant disposition”).
Pursuant to Article 2 subparagraph 14 of the Act on Funeral Services, Etc., the term "forest burial ground" means a natural burial ground created in a forest under subparagraph 1 of Article 2 of the Creation and Management of Forest Resources Act, which is an eco-friendly funeral facility located in a forest by utilizing trees and forests as they are natural, and there is no tree that can be used as a tree growing field for the government of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the farmland.
[Ground of recognition] A without any dispute, Gap Nos. 2, 3, 6, Eul No. 1 (including numbers; hereinafter the same shall apply), and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The party’s assertion 1) According to the relevant laws and regulations, such as the Act on Funeral Services, Etc. (hereinafter “the Funeral Act”), the Creation and Management of Forest Resources Act (hereinafter “Forest Resources Act”), and the Enforcement Decree of the Act on Special Measures for Designation and Management of Areas of Restricted Development, etc., the form of natural burial ground for funeral services conducted under or around the bottom of the trees and the surrounding areas is a type of “ tree burial ground” created by utilizing trees and forests as they are natural, and artificially planting trees.