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. On August 27, 1994, around the time of the Plaintiff’s mother’s death, the Plaintiff installed a grave (hereinafter “instant cemetery”) with his mother-child’s father-child’s mother-child’s father-child’s mother-child’s mother-child’s father-child’s mother-child.

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 was in violation of Article 8(2) and (3) of the same Act and Article 5 of the Enforcement Decree of the same Act (wholly amended by Presidential Decree No. 17109, Jan. 27, 2001; hereinafter the same shall apply).”

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Gangwon-do Administrative Appeals Commission on December 9, 2015, but the appeal was dismissed on March 14, 2016.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 6, the purport of the whole pleading

2. Whether the instant disposition is lawful

A. According to the relevant statutes on the gist of the Plaintiff’s assertion, the grounds for establishing a private cemetery without permission among the grounds for the instant disposition cannot be the grounds for issuing an order to relocate the cemetery.

In addition, although the cemetery of this case is established within 300 meters from nearby C, it cannot be said that the existence of the cemetery of this case may not interfere with the function of the river, because it is a river with a low flow of water at the time of diving, even though it is installed within the limit of 300 meters from nearby C, which is a river.

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.

In addition, the Plaintiff has established the cemetery of this case.