1. The disposition taken by the Defendant against the Plaintiff on March 7, 2018 for the closure of an enshrinement facility established in Category B in the Republic of Korea-Pacific City against the Plaintiff shall be revoked.

2...

1. Details of the disposition;

A. C (hereinafter “C”) is a juristic person established for the purpose of the creation, maintenance, and management of a park cemetery on January 26, 1971, which acquired the ownership of the B cemetery 88,490 square meters (hereinafter “instant land”) on January 26, 197, and is the owner of the said land until now.

B. Around 1975, D, the father of the Plaintiff, was entitled to use approximately 50 square meters of the instant land from C in order to use it as a grave for the fleets and their families, and was installed and managed by the fleets, and thereafter, the Plaintiff installed and managed the graves following D.

C. From the end of June 2017 to the end of September of the same month, the Plaintiff established two charnel facilities for descendants in the past where a part of the graves were installed, while carrying out work such as gathering the installed graves from the end of the same month (hereinafter collectively “instant charnel facilities”).

On October 18, 2017, upon receiving a report from C on the establishment of an illegal charnel facility, the Defendant confirmed the establishment of the instant charnel facility on a business trip to the instant land on October 18, 2017, and subsequently closed the instant charnel facility on March 7, 2018, following the hearing procedure on December 26, 2017, on the ground that the Plaintiff did not report to the Defendant on the establishment of the instant charnel facility. In accordance with attached Table 5(1) and Article 31 subparag. 2 of the former Funeral Services, etc. Act (Amended by Act No. 15269, Dec. 19, 2017; hereinafter the same shall apply), Article 21(1) [Attachment 5] of the former Enforcement Rule of the Funeral Services Act (Amended by Ordinance of the Ministry of Health and Welfare No. 580, Jun. 20, 2018; hereinafter the same) with respect to the instant charnel facility.

(hereinafter “instant disposition”) e.

On the other hand, on March 7, 2018, the Defendant imposed an administrative fine of KRW 1.4 million on the Plaintiff pursuant to Article 42(1)4 of the former Funeral Act on the ground as above, and the Plaintiff paid the administrative fine of KRW 1,120,000, which was reduced by voluntary payment on March 21, 2018 to the Defendant.

【Legal basis for recognition】