1. The plaintiff's claim is dismissed.

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

Details of the disposition

The Plaintiff is an oriental medical doctor who operates the C Hospital (hereinafter referred to as the “Cvalescent Hospital”) in Dongducheon-si.

On July 10, 2017, the Plaintiff submitted to the Defendant a report on the business of a funeral hall with the establishment of a funeral hall (hereinafter “instant funeral hall”) in the instant convalescent hospital. However, on July 26, 2017, the Defendant issued a notification of non-permission to report the business of a funeral hall (hereinafter “instant disposition”) on the ground that “In the instant case, the day of application is a quasi-residential site managed by the district unit plan under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”); and that the funeral hall in a quasi-residential site is not to be installed according to the district unit plan.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, the purport of the entire argument, and the purport of the disposition of this case is to be determined by the plaintiff's assertion [Attachment Table 7] of the Enforcement Decree of the National Land Planning Act, Article 2 of the amended Enforcement Decree of the Building Act, and [Attachment Table 3] of the Enforcement Decree of the Medical Service Act, since the " funeral facilities equivalent to facilities annexed to medical facilities" are excluded from the buildings that cannot be constructed in quasi-residential areas, the funeral hall of this case can be installed without any change in the purpose of use of facilities annexed to the hospital of this case. However, the defendant shall not construct a funeral hall among medical facilities in quasi-residential areas in accordance with the former Enforcement Decree of the Building Act, and the "funer in medical facilities" of the above district unit plan in accordance with the amended Enforcement Decree of the Building Act shall be interpreted to mean the "general funeral hall other than the funeral facilities corresponding to medical facilities." Accordingly, the disposition of this case which

The instant disposition is taken in view of the amendment of the aforementioned statutes and the convenience of those who use the instant convalescent hospital.