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(영문) 부산고등법원 2016.04.01 2015누22820
자연장지 조성허가신청 반려처분 취소 청구의 소
Text

1. Revocation of a judgment of the first instance;

2. Natural burial ground that the Defendant rendered against the Plaintiff on December 26, 2014.

Reasons

1. Details of the disposition;

A. On August 19, 2014, the Plaintiff, as a religious organization, filed an application with the Defendant for permission to develop a natural burial ground (hereinafter “instant application”) with the religious organization on the land of 4,905 square meters (hereinafter “instant land”) among 10,865 square meters of forest land B in Busan-gun, Busan-gun (hereinafter “instant land”). On October 9, 2014, the Defendant issued a disposition to return the instant application for the following reasons (hereinafter “instant previous disposition”).

The application area is located near the main access road, and is located near the place and foundation of the residents, causing interference with the residential life, such as traffic, noise, hygiene, etc., and the natural park contrary to the regional sentiments is recognized as a suspected facility by the funeral service establishment to the local residents, and thus a group civil petition against the permission for funeral service establishment is anticipated. The relevant area (D) shall return to the application for permission for the creation of a natural burial ground near the new city access road where only the population of 8 is planned, as mentioned above, because the funeral service establishment is inappropriate in the vicinity of the new city access road where the population of 8 is planned, due to the reasons

B. On October 21, 2014, the Plaintiff filed an administrative appeal seeking revocation of the previous disposition with the Busan Metropolitan City Administrative Appeals Commission. On November 9, 2014, Busan Metropolitan City Administrative Appeals Commission rendered a ruling citing the Plaintiff’s petition for administrative appeal (hereinafter “instant ruling”) on the ground that the Defendant’s previous disposition was an illegal or unjust disposition that deviates from or abused discretion prescribed by the relevant statutes, on the following grounds:

The filing of the instant application is located far from a residential area and approximately 1km, and there is no specific basis for traffic problems, noise, and environmental damage to the extent that the development of the natural burial ground of this case may harm the peace of residents in the residential area due to the creation of the natural burial ground of this case, and there is no objective circumstance to deem the rejection of the instant application necessary for the important public interest. Rather, civil petitions such as D are

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