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(영문) 청주지방법원 2016.07.21 2016구합10287
종교단체자연장지조성허가신청불허처분취소
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 March 9, 2015, the Plaintiff filed an application with the Defendant for permission to develop a natural burial ground for a corporation, etc. (hereinafter “instant application for permission”) in order to develop a cruel religious organization’s natural burial ground (hereinafter “instant natural burial ground”) on the 21,393 square meters and B, and 16 square meters outside Incheon-si.

B. On March 23, 2015, April 14, 2015, and May 4, 2015, the Defendant issued a non-permission disposition (hereinafter “instant disposition”) on the instant application for permission on the ground that the instant application for permission is inconsistent with the purpose of the natural burial ground project as a genuine religious organization, and thus, the instant application for permission was rejected on the grounds that the deliberation by the Civil Service Coordination Committee was rejected on the ground that it is not possible to grant permission on the ground that the instant application for permission was filed on the grounds that the instant application for permission was filed on the basis of residents’ interview, project presentation, etc. and submission of all documents, such as written consent to land use.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 5, 6, 9 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion fully supplemented the necessary matters for permission to develop a religious natural burial ground upon the Defendant’s request. The subject of the instant natural burial ground development project is the Plaintiff, who is a religious organization, and C is not the Plaintiff’s agent, not the business owner, and the written agreement (see Evidence B No. 7-1) causing the instant disposition is not attached to the permission, but the possibility of collective civil petitions by village residents is not required to be permitted.

There is nothing to do so.

Therefore, the instant disposition based on this should be revoked in an unlawful manner.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Article 16(1)3 of the Funeral Services Act provides that a corporation or a religious organization may naturally extend the remains of many and unspecified persons within the same area.

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