In violation of the Act on Funeral Services, etc., the Defendant, without obtaining permission from the competent authorities, wideed the size of the instant clan cemetery from 245 square meters to 495 square meters, installed a stone shed in the clan cemetery.

The Defendant was in violation of the Management of Mountainous Districts Act by removing miscellaneous trees of the forest of this case, which is a quasi-permanent conservation mountainous district, and by conducting flating work, and created it as a cemetery site.

Judgment

The details in the attached Form of Acts and subordinate statutes concerning the violation of the Act on Funeral Services, Etc.

Judgment

According to the above law, a private cemetery established before 1962 is deemed to be legally established, and its installer or manager is only obligated to report the lot number, location, etc. of the cemetery, and there is no need to obtain separate permission (Article 3(1) of the Addenda of the former Burial and Graveyard Act (amended by Act No. 799 of Dec. 5, 1961), and Article 3(3) of the Addenda of the same Act (amended by Act No. 2069 of Dec. 31, 1968) does not have a duty to make any change in the area of the private cemetery established by a natural person, a clan, or a door of a clan (Article 3(1) of the Addenda of the former Burial and Graveyard Act) even if it fails to meet the installation standards under the above law (Article 3(1) of the same Act). Accordingly, in the case of a private cemetery established before 1962, it is not necessary to obtain a new permission to change the area of the cemetery established by the competent authority.

In light of the following circumstances that can be recognized by the records, the clan cemetery of this case was established before 1962, and the evidence submitted by the Prosecutor alone is the identity of the cemetery due to the construction of this case.