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(영문) 전주지방법원 2018.09.06 2017구합2827
부작위위법확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who resides in Dong-Eup, and the Defendant installed C facilities at a place less than 780 meters away from the place where the Plaintiff resides.

B. According to Article 13 of the Act on Funeral Services, etc., taking into account the damage caused by the establishment of C facilities, the defendant shall be referred to as the "Ordinance of this case" which is the Ordinance to establish and operate the Resident Support Fund in the area adjacent to the Cre

(C) around September 1, 2015, the Defendant enacted the instant Ordinance and paid subsidies to nearby residents. D residents 18 households (see attached Form, e.g., the Plaintiff is not included in the said 18 households).

notice of the decision to grant subsidies to the Resident Support Fund in areas adjacent to crematoriums; hereinafter referred to as the "disposition of this case").

In order to improve the D residential environment, the amount of subsidy of KRW 177,435,00 was notified as follows:

E F D D D D

D. On February 17, 2015, the Defendant decided and notified D residents of KRW 10,000,000, out of the Resident Support Fund in the areas adjacent to crematoriums, to use for heating expenses support, and paid directly to D residents 40 households (see the list of households supporting heating expenses, and the Plaintiff not included).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 through 3 (including branch numbers where there are branch numbers; hereinafter the same shall apply), and the purport of whole pleadings

2. Whether the lawsuit of this case is lawful

A. On May 7, 2012, the Plaintiff’s summary of the Plaintiff’s assertion was subject to compensation for the construction of theG Act, but the Defendant refused compensation on the grounds that the Plaintiff was not related to cremation. As such, the Defendant’s failure to provide the funds to the Plaintiff by household was illegal.

B. A lawsuit for confirmation of illegality of omission under Article 4 subparagraph 3 of the Administrative Litigation Act is filed by an administrative agency on the basis of a party’s legal or sound right.

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