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(영문) 광주지방법원목포지원 2019.08.21 2018가단54362
손해배상(기)
Text

1. The Defendant: (a) KRW 2,00,000 for Plaintiff H; (b) KRW 1,000,000 for each of the Plaintiff A, B, C, D, E, F, G, and I; and (c) for each of them.

Reasons

1. Relevant statutes and basic facts;

A. The main provisions of the relevant Acts and subordinate statutes regarding the procedure for opening a grave are as follows:

◎ 구 장사 등에 관한 법률 (2019. 4. 23. 법률 제16376호로 개정되기 전의 것) 제2조(정의) 이 법에서 사용하는 용어의 뜻은 다음과 같다

16. The term "relative" means a person who has any of the following relations with the deceased, and the rights and duties of the relative shall be exercised in the following order:

Provided, That if two or more children or lineal descendants are in the same priority order, the oldest shall have priority.

(a) Spouse;

(b) Children;

(c) Parents;

(d) Lineal descendants other than children;

(e) Any lineal ascendant other than parents;

(f) Punishments and siblings;

(g) The head of an administrative agency or a medical treatment and protection institution who was treating, protecting, or managing before his/her death, as prescribed by Presidential Decree;

(h) A person who does not fall under items (a) through (g), and actually manages the body or remains, shall report to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereinafter referred to as the "head of a Si, etc.") having jurisdiction over the burial site within 30 days after the burial;

(2) Those who intend to make cremation shall report to the head of a Si, etc. having jurisdiction over crematory facilities (referring to facilities or places for cremation in cases falling under the proviso to Article 7 (2)).

(3) A person who intends to open a corpse shall file a report with the head of a Si, etc. having jurisdiction over the existing site or the reburial site of the corpse or remains according to the following classifications:

1. In cases of moving or cremation a buried dead body or remains to another grave: Existing site and reburial site of the dead body or remains;

2. In cases of burying or natural burial of buried dead bodies or remains: Existing land of the dead bodies or remains;

3. In cases of moving any inurned remains to another grave: Reburial site.

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