기타이행강제금부과처분취소
1. The Defendant’s disposition of imposing KRW 5,00,000 for compelling the performance imposed on the Plaintiff on June 28, 2019 is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The Plaintiff is an organization established with the purpose of managing the clan properties and promoting friendship among the clans.
B. Some of the forests and fields B and C (hereinafter “the forests and fields of this case”) were installed in the late 1600s from the mid-1600s where the graveyardss were installed, and eight-year graveyardss were installed from October 2016 (hereinafter “instant graveyard”).
C. On October 2016, the Plaintiff damaged the instant cemetery due to the storm and sand outflow caused by typhoon immediately following a typhoon, and installed a 16-meter radius of 0.6-1.0 meters in height and 28.5 meters in length at the 16-meter radius depending on the slope.
(hereinafter “the burial site of this case”) D.
On January 23, 2017, the defendant filed a complaint with the Yangsan Police Station on the ground that the defendant illegally cuts the graveyard of this case without obtaining permission for changing the form and quality of land or permission for conversion of mountainous district and transferred the graveyard of this case without obtaining permission.
E. On January 17, 2017 and February 21, 2017, the Defendant directed the Defendant to restore the instant forest to its original state on two occasions. On April 4, 2017, the Defendant issued an order to transfer the instant cemetery (hereinafter “instant order”) pursuant to Article 31 subparag. 1 of the former Funeral Act and Article 21(1) [Attachment 5] of the former Enforcement Rule of the Funeral Act (amended by Ordinance of the Ministry of Health and Welfare No. 692, Dec. 2, 2019; hereinafter “instant order”).
F. The Plaintiff did not comply with the Defendant’s order to restore the instant forest to its original state and the order to transfer the instant forest. On June 27, 2018, the Defendant promoted the relocation of the instant cemetery to the Plaintiff, and on September 21, 2018, the enforcement fine of KRW 5,000,000 is not more than KRW 5,00 pursuant to Article 43(1)3 of the former Funeral Act.