재단법인설립허가취소처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance, citing the instant case, is as stated in the reasoning of the judgment of the court of first instance, except for the following parts and the part concerning which the plaintiff emphasized at the court of first instance or claimed an additional claim, and thus, citing this in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
(2) In addition, the court of first instance, which rejected the Plaintiff’s assertion, is justifiable even if the Plaintiff’s assertion was examined, without significantly different from the contents of the Plaintiff’s assertion in the first instance court, and all of the evidence submitted in the first instance and the first instance court’s determination that rejected the Plaintiff’s assertion is justifiable. [The part that was modified] The “business, etc. of installing and operating charnel facilities for the purpose of the Plaintiff,” of the second 3 conduct of the first instance judgment, refers to “the installation and management, etc. of charnel facilities for the purpose of improving funeral culture”
The 3rd judgment of the first instance court refers to the 18th judgment "B" as "B, etc.".
The grounds of the judgment of the court of first instance No.2
D. (1) Paragraph (1) (No. 4 of the judgment of the court of first instance from 14 to 21) is as follows.
(1) According to Article 14(2) of the former Funeral Services Act (wholly amended by Act No. 8489, May 25, 2007; hereinafter “former Funeral Services Act”), a person who intends to install and operate a private charnel facility with the aim of installing and managing a charnel facility under the Civil Act shall establish a foundation for the purpose of installing and managing the charnel facility under the Civil Act. Such foundation is a non-profit corporation under the Ministry of Health and Welfare and its affiliated non-profit corporations (amended by Ordinance of the Ministry of Health, Welfare and Family Affairs No. 1, Mar. 3, 2008; hereinafter “instant Rule”) pursuant to Articles 1 and 2 of the former Rules on the Establishment and Supervision of Non-profit Corporations under the Ministry of Health and Welfare and its affiliated Ministry of Health and Welfare and the competent authority becomes the competent authority, and its establishment rules are applied to the permission of establishment, and its promoters shall apply to the application for permission of incorporation.