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(영문) 청주지방법원 2014.05.29 2014고정305
장사등에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. No person charged of the instant case shall make a burial in an area, other than a private cemetery, 500 meters away from the authorized and sealed area, school, or other facilities or places frequently gathered by the public;

Nevertheless, around February 1, 2012, the Defendant was located within approximately 300 meters from the B Village-centered Division, which is the authorized densely-populated area of approximately 40, and approximately 100 meters from C, C, kindergarten, D, etc., which is the public gathering facilities from time to time, and the Defendant buried the F’s mother, the Defendant’s mother, in Cheongju-gu E, Cheongju-gu, which is not a private cemetery zone.

2. According to the Defendant’s legal statement, the police interrogation protocol against the Defendant, a copy of the illegal cemetery report, a copy of the notification of administrative disposition, a copy of the written ruling of the Chungcheongbuk-do Administrative Appeals Commission, and on-site photographs, the following facts are recognized.

On February 1, 2012, the Defendant: (a) laid a grave in Heung-gu, Chungcheongnam-gu; (b) buried the body of the mother’s net F (hereinafter “the deceased”); and (c) reported on August 12, 2013 that “the Defendant installed an illegal cemetery” at the Cheongju-gu, Chungcheongnam-gu, the Defendant reported that the body of the mother’s net F (hereinafter “the deceased”).

On November 25, 2013, the Cheongju Mayor ordered the transfer of the instant cemetery to the Defendant by November 24, 2014 pursuant to Article 31 subparagraph 1 of the Act on Funeral Services, etc. on the ground that the instant cemetery was installed within 500 meters from the authorized well-known area due to the violation of Article 14 (6) of the Act on Funeral Services, Etc.

The Defendant filed an administrative appeal seeking revocation of the instant cemetery on the ground that “the instant cemetery was established customarily at a place where the cemetery is located, and the aforementioned relocation order was issued by the retaliation civil petition of G having private complaints against the Defendant.” However, on February 25, 2014, the Chungcheongbuk-do Administrative Appeals Commission dismissed the said claim.

On the other hand, G is the defendant at the Chungcheong Police Station on January 22, 2014.

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