[사설묘지설치불허가처분취소][집37(1)특,384;공1989.4.1.(845),435]
The governing law that may delegate the authority of the Do Governor to the head of the Si/Gun for the permission to establish a private cemetery.
Since delegation of authority should be prescribed as a municipal ordinance, even if the Gyeonggi-do Governor delegated the affairs of permission for the installation of private cemeteries prescribed as the authority of the Do Governor under the Burial and Graveyard, etc. Act to the head of the Si/Gun in accordance with the Gyeonggi-do Regulations on the Delegation of Authority, the above rules of delegation of authority, other than the municipal ordinance, can be the basis for internal
Article 8 (2) of the Burial and Graveyard, etc. Act, Article 106 of the Local Autonomy Act, Article 5-2 of the Act on Temporary Measures for Local Autonomy (Abolition by Article 6 of the Addenda to Act No. 4004 of April 6, 198), Article 95 (2) of the Local Autonomy Act (Act No. 4004 of April 6, 198)
Plaintiff Kim-ho, Counsel for the plaintiff-appellant
[Defendant-Appellee] Defendant 1 and 3 others (Attorneys Park Jae-ho et al.)
Seoul High Court Decision 87Gu1056 delivered on March 10, 1988
The appeal is dismissed.
The costs of appeal shall be assessed against the defendant.
According to the reasoning of the judgment below, the court below stated that under the Burial and Graveyard, etc. Act, the affairs of permission for the establishment of a private cemetery are prescribed as the authority of the Do Governor, and that the Governor of the Gyeonggi-do delegates the authority to the head of the Si/Gun for the establishment of a private cemetery under Article 2 of the Regulations on the Delegation of Administrative Affairs of Gyeonggi-do to the head of the Si/Gun without any trace of delegation by the head of the Do. However, in the case of such internal delegation, the defendant cannot take an administrative disposition under his/her own name. Thus, the defendant's disposition against the plaintiff is an invalid disposition by a non-authorized person. In comparison with the records of the reasoning of the judgment below, the court below's fact-finding and legal judgment are acceptable, and the Gyeonggi-do Rules on the Delegation of Administrative Affairs of Gyeonggi-do, which are not the
The appeal cannot be accepted.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Yoon Young-young (Presiding Justice)