1. The plaintiff's claim is dismissed.

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

Details of the disposition

On April 7, 2017, the Plaintiff filed an application with the Defendant for the installation of a family cemetery (hereinafter “instant application”) in order to install a family cemetery on B 1,137 square meters (hereinafter “instant land”).

According to Article 14 of the Act on Funeral Services, etc. on April 14, 2017 and Article 15 of the Enforcement Decree of the same Act and attached Table 2 of the Establishment Standards for Private Cemeteries, the Defendant: (a) has to install a size of 100 square meters in a place less than 200 meters away from the site; and (b) has made a disposition rejecting the instant application on the ground that it violates the foregoing provision (hereinafter “instant disposition”).

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1, and the purport of the whole pleading of the disposition of this case, the plaintiff asserted the legality of the disposition of this case <1> The meaning of "a place less than 200 meters away from a road under Article 2 of the Road Act," which is stipulated in Article 15 [Attachment Table 2] 2 (f) 1 of the Enforcement Decree of the Act on Funeral Services, Etc., refers to a place which is measured by means of walking and other means of transportation, not a straight line, not a straight line. <2> The land of this case is located far away from a road. <2> even if the meaning of a straight line 200 meters away from a road, the land of this case is not visible due to the topographical material such as camping, etc., and the criteria for installation of private graveyard under Article 15 [Attachment Table 2 (f) [Attachment Table 2] of the Enforcement Decree of the Act on Funeral Services, etc., where the Mayor, etc. recognizes the function or use of the road, etc.