자연장지 조성허가신청 불허가처분취소 청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning for this part of the reasoning of the judgment of the court of first instance is the same as that of the relevant part of the reasoning of the judgment of the court of first instance, and thus, this part is cited as it is in accordance with the main sentence of
2. Whether the disposition is lawful;
A. The grounds for this part of the parties’ assertion are as stated in the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(b) as shown in the attached Form of the relevant statutes;
C. 1) First of all, we examine whether a woodland burial ground under the Act on Funeral Services, Etc. (hereinafter “the Funeral Act”) is a natural burial ground created by utilizing natural forests and trees, as it is, without felling or planting standing trees.
Article 2 subparag. 3, 13, and 14 of the Funeral Act provides that “natural burial grounds” shall be classified into “natural burial grounds” and “forest burial grounds” shall be classified into “forest burial grounds” in the area where cremation remains may be buried under or around trees, flowerss, grasss, etc., and natural burial grounds created in any forest provided for in the Creation and Management of Forest Resources Act (hereinafter “Forest Resources Act”).
According to the above provision, the woodland burial ground and other natural burial ground are classified according to the location of the forest (in the case of a woodland burial ground) and the unclaimed land (in the case of any other natural burial ground).
Meanwhile, Article 21 of the Enforcement Decree of the Funeral Act, which provides for the area of a private natural burial ground by type, the standard of a sign installed in a natural burial ground, the types of convenience facilities permitted to be installed in a private natural burial ground pursuant to Article 16(8) of the Funeral Act, provides for a private natural burial ground other than a woodland burial ground in [Attachment 4] and Article 21(2) [Attachment 5] of the Enforcement Decree of the Funeral Act.
In addition, in the form of an application for permission for the development of a natural burial ground (attached Form 17) under Article 12 (1) of the Enforcement Rule of the Funeral Act, the term “a tree” shall be “a natural burial form” and “a tree”.