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(영문) 전주지방법원 2014.10.22 2013구합2001051
종교단체 사설봉안당 설치신고 불수리처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On May 6, 2013, the Plaintiff: (a) filed a report on the installation of a private charnel hall with a religious organization (hereinafter “the instant report”) in order to install a charnel hall with a 952 square meters of remains on the 5th floor of the building of C funeral hall six stories (hereinafter “instant building”); (b) in order to install a charnel hall with a 952 square meters of remains, the Plaintiff filed a report on the installation of a private charnel hall (hereinafter “instant report”).

B. On July 4, 2013, the Defendant rendered a non-acceptance disposition on the report on the establishment of a religious organization’s private charnel hall (hereinafter “instant disposition”) to the Plaintiff on the following grounds.

① In order to be recognized as a religious organization that is able to establish a memorial party, a pastor and a large number of believers must exist, and the Plaintiff must have the substance as a religious organization. However, it is difficult to recognize the Plaintiff as a religious organization that is able to establish a memorial party because there is no basic organization. ② The purport of allowing the Plaintiff to submit documents proving that the Plaintiff is a religious organization upon reporting on the establishment of a religious organization is to determine whether the owner of the relevant funeral establishment can exercise his/her right as the owner for the purpose of the stability and continuity of the funeral establishment. If there is a large number of collateral mortgages, it is determined that the stability and continuity of the funeral establishment would be harmed if the said establishment of a funeral facility is established. ③ The Supreme Court precedents citing the Supreme Court precedents intending to directly and specifically protect individual interests in the living environment, such as pleasant dwelling, scenery, health, and sanitation of the residents. [Grounds for recognition] There is no dispute over the establishment of a private prison, Gap evidence No. 1 through 29, and Eul evidence Nos. 1 through 19 (including numbers).

2. The Defendant’s disposition of this case by the Plaintiff’s assertion is unlawful in light of the following reasons.

① The Plaintiff owns church facilities equivalent to 600 square meters, D’s position as a dedicated partner, and the number of its members is about 25.

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