1. The Defendant’s order to relocate a cemetery against the Plaintiff on September 14, 2015 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. Around October 24, 1991, around the time of the Plaintiff’s mother’s death, the Plaintiff installed a mother’s grave on the land of Gangseo-si, the ownership of the Plaintiff, etc. (hereinafter “instant graveyard”).

B. On September 14, 2015, the Defendant received a civil petition to the effect that the instant cemetery was installed in violation of the standards for installation of a private cemetery and conducted related investigations, and issued a disposition ordering the transfer of the instant cemetery pursuant to Article 15 of the former Burial and Graveyard, etc. Act (wholly amended by Act No. 6158, Jan. 12, 2000; hereinafter the same) on the ground that the Plaintiff violated Article 8(2) and (3) of the former Burial and Graveyard, etc. Act (wholly amended by Presidential Decree No. 17109, Jan. 27, 2001; hereinafter the same) and Article 5 of the Enforcement Decree of the said Act (wholly amended by Presidential Decree No. 17109, Jan. 27, 2001; hereinafter the same).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Gangwon-do Administrative Appeals Commission on October 21, 2015, but the appeal was dismissed on December 14, 2015.

【Ground for recognition】 Each entry in the evidence Nos. 6 and 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the cemetery of this case is situated near a flat and is likely to go away from the river or the authorization, and thus, it does not interfere with the function or use of the river, etc., considering the current state of land or topography.

In such cases, according to the relevant laws and regulations, private graveyards can be established even if they are not located more than 300 meters away from rivers, etc.

Furthermore, since the establishment of the cemetery of this case, the Plaintiff has been in peace management for about 24 years from the date of filing a civil petition.

Nevertheless, the instant graveyard was established in violation of the standards, etc. by the Defendant formally applying the installation standards, etc. of private cemeteries.