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(영문) 청주지방법원 2019.04.18 2018구합3429
매장신고 불수리 처분 등 취소청구의 소
Text

1. Disposition of non-acceptance of reports on burial on February 22, 2018, which the Defendant issued to the Plaintiff, and the order of relocation of the cemetery as of April 10, 2018.

Reasons

1. One tombstone on January 26, 2018 and one tombstone on the date of installation of a grave form B 20 square meters in the area where the details of the disposition is located;

A. On January 26, 2018, the Plaintiff installed, on January 24, 2018, a spouse’s grave C (hereinafter “instant grave”) deceased on the ground B of the Incheon-si on January 26, 2018. On February 22, 2018, the Plaintiff reported the establishment of a private cemetery to the Defendant as follows.

B. On February 22, 2018, the Defendant issued an order to transfer the instant grave to another place by April 11, 2019 (hereinafter referred to as the “order to transfer the instant grave”) on the ground that the instant grave conflicts with the installation standards under Article 7(1) of the Funeral Services Act (hereinafter “the Funeral Act”) and Article 15 [Attachment 2] of the Enforcement Decree of the Funeral Act (hereinafter referred to as “instant disposition”), and issued an order to transfer the instant grave to the Plaintiff by April 11, 2019 (hereinafter referred to as “instant order to transfer the burial site,” and the instant order to not accept the burial report and to transfer the instant grave collectively “each of the instant dispositions”).

C. On April 25, 2018, the Plaintiff was dissatisfied with each of the instant dispositions and filed an administrative appeal with the Chungcheongbuk-do Administrative Appeals Commission. However, the Chungcheongbuk-do Administrative Appeals Commission dismissed the said claim on May 25, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including additional number; hereinafter the same shall apply) and the purport of whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Determination on the legitimacy of each of the dispositions of this case

A. The Plaintiff’s assertion 1) In light of the legislative purpose of the Funeral Act to prevent harm to health and hygiene by prescribing matters concerning the establishment, etc. of funeral facilities, and to contribute to the efficient utilization of land and the promotion of public welfare, Article 14(8) of the Funeral Act regarding the place where a private cemetery is installed, only “where at least 20 units of authorization exist within 300 meters from a private cemetery,” in light of the legislative purpose of the said Act.

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