1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1.The grounds for the judgment of this Court partially citing the judgment of the first instance. “1. Grounds for Disposition” from “1. Grounds for Disposition”;

3. Whether each of the dispositions of this case is legitimate

A. The plaintiff's assertion;

(b)the indication of the relevant regulations;

C. Determination, 1) Determination as to the ground for disposition No. 1, 1) Determination as to the establishment of the instant cemetery, and whether the Enforcement Decree of the Funeral Act [Attachment 2] applies to the establishment of the instant cemetery, is identical to the corresponding part of the grounds for the judgment of the first instance (Articles 8(2) of the Administrative Litigation Act, and the main sentence of Article 420 of the Civil Procedure Act, since it is identical to the corresponding part of the grounds for the judgment of the first instance.

2. Different from the judgment of the first instance court (B) Whether the establishment of the instant cemetery violates the instant provision cannot be uniformly defined as a discretionary act. The determination should be based on the following factors: (a) whether the installation of the instant cemetery violates the instant provision; (b) whether the instant administrative act constitutes a binding act or a discretionary act; (c) whether the pertinent administrative act constitutes the basis for the pertinent disposition; and (d) whether the pertinent administrative act is based on the form and language of the laws and regulations, the main purpose and characteristics of the administrative sector to which the pertinent act belongs; and (e) individual nature and type of the pertinent act itself (see, e.g., Supreme Court Decisions 98Du17593, Feb. 9, 201; 2011Du3388, Dec. 12, 2013). Article 14(8) of the Funeral Act provides that “the area of installation of a private cemetery, the shape of a grave, the place of installation of a grave, and other installation standards, etc.

1. D.

The provision of this case (hereinafter referred to as the “instant provision”) provides that “A private cemetery shall be established at a place not less than 200 meters away from a road, but the same shall not apply where the head of a Si, etc. (referring to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu; hereinafter the same shall apply) recognizes the function, use, etc.

Therefore, according to the provision of this case, it is in principle within a distance of 200 meters from roads.