Ministry of Health and Welfare to establish private charnel houses for natural persons who are not incorporated foundations

The issue of whether a natural person, who is not a foundation, should allow the establishment of a private charnel house against many and unspecified persons shall not be permitted for the reason that it is not a foundation, unless the provisions of the law prohibiting the establishment of a private charnel house exist, unless the provisions of the law prohibiting the establishment thereof exist. Furthermore, as long as the establishment of a private charnel is required to be established in accordance with the standards for establishment of a public charnel under Article 4 (2) 3 of the Enforcement Decree of the Burial and Graveyard, etc. Act, the establishment of a private charnel house shall be permitted even if the natural person meets the standards for establishment without relationship, regardless of whether the natural person is a foundation or not.

Article 8 (2) of the Burial and Graveyard, etc. Act; Article 5 (2) 3 of the Enforcement Decree of the Burial and Graveyard, etc. Act

[Judgment of the court below]

Magyeong-gun

Seoul High Court Decision 93Gu14020 delivered on January 19, 1994

The appeal is dismissed. The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

On the first ground for appeal

The permission to establish a private charnel under Article 8 (2) of the Burial and Graveyard, etc. Act does not fall under the area where the establishment of a private charnel house is prohibited under Article 8-2 of the same Act, and it belongs to the discretionary act that must be permitted in compliance with the installation standards under Article 8 (3) of the same Act and Article 5 (2) 3 of the Enforcement Decree of the same Act. Whether it is an area where the establishment of a charnel house is likely to cause harm to public health, which is an area where the establishment of a charnel house is prohibited under Article 8-2 of the same Act, is located within a district where the establishment of a private charnel house is prohibited, such as the time of the original adjudication, and the above area is 700 meters away from the national school, and the access road to the said place is merely a part of the neighboring residents' objection to the establishment or that the access road to the said place is merely

Therefore, there is no reason to discuss the appeal asserted by the court below as misunderstanding the legal principles on the judgment of the court below which rejected the defendant's defense and accepted the plaintiff's claim.

On the second ground for appeal

The issue of whether a natural person, who is not a foundation, should allow the establishment of a private charnel house against many and unspecified persons can not be denied on the ground that a natural person is not a foundation, unless the provisions of the law prohibiting the establishment of a private charnel house are stipulated in the preceding written permission, unless it is stipulated in the law. Furthermore, as long as the establishment of a private charnel house is to be established in accordance with the standards for establishment of a public charnel house under Article 4 (2) 3 of the Enforcement Decree of the above Decree, the establishment of a private charnel house shall be permitted even if the natural person meets the above installation standards without relation with a foundation, which is a natural person.

The legal interpretation of the court below's decision to the same purport is justifiable, and there is no reason to discuss the defendant's appeal to the contrary.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-soo (Presiding Justice)