(영문) 수원지방법원 여주지원 2016.01.20 2015고정255

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 여주지원 2016.01.20 2015고정255

장사등에관한법률위반

Text

The defendant is innocent.

Reasons

1. A person who intends to establish and manage a family cemetery, a clan, or a corporate cemetery in the facts charged shall obtain permission from the head of a Si, etc. having jurisdiction over the relevant cemetery as prescribed by Ordinance of the Ministry of Health and Welfare, and the head of a Si, etc. may order the establisher or developer of a private cemetery to relocate the cemetery, and the person ordered to relocate the cemetery shall comply with such order;

Nevertheless, on July 30, 2014, the Defendant failed to comply with an order to transfer a cemetery to the effect that “A cemetery shall be transferred to and from August 31, 2014 without the permission of the competent authority” was issued by the State-si, a competent authority, to the effect that “A cemetery shall be installed in C, without the permission of the competent authority.”

2. Determination

A. According to Article 2 subparag. 6 and subparag. 7 of the Act on Funeral Services, Etc., “retainment” means a facility to bury a body or remains, and “retain a grave” means a grave. According to Article 14(3) of the same Act, a person who intends to install and manage a family cemetery shall obtain permission from the Mayor, etc. having jurisdiction over the relevant cemetery, as prescribed by Ordinance of the Ministry of Health and Welfare.

In addition, Article 8 (1) of the former Burial, etc. Act (amended by Act No. 799, Dec. 5, 1961; Act No. 6158, Jan. 12, 2000; hereinafter the same) provides that a person who intends to establish a private cemetery shall obtain permission from the Seoul Special Metropolitan City Mayor or the Do governor.

On the other hand, the Addenda of the former Burial Act and the Graveyard, etc. Act were enforced in 4295 short-term.

1.1. The Act provides that a cemetery established prior to the enforcement of the Act shall be deemed to have been established pursuant to this Act (Articles 1 and 3(2)). B. Determination is based on the fact that the grave of this case is a grave within a private cemetery (family cemetery) without the prior permission, and the order was issued to the Plaintiff to move the grave to the Plaintiff.

According to the evidence duly adopted and examined by this court, the defendant is from the female market.

참조조문

-장사 등에 관한 법률

-장사 등에 관한 법률 제2조 제6호

유사 판례

-전주지방법원 2017.02.01 2016고정823

-전주지방법원 2016.06.30 2016고정258

-인천지방법원 2018.10.18 2018고정1343

-의정부지방법원 2017.10.19 2016고정1250

-광주지방법원 2017.11.10 2017고정1321