1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning of the judgment of the court of first instance regarding this case is as follows: (a) add "the result of on-site inspection by a commissioned judge" to the "written evidence No. 12" of the 7th sentence of the judgment of the court of first instance; and (b) add "the result of on-site inspection by the commissioned judge" to the defendant's argument, except for addition of the following judgment as to the defendant's argument, and therefore, it is identical to the part of the reasoning of the judgment of the court of first instance.

2. Additional determination

A. Article 2 subparag. 6 (f) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 2(1)6 of the Enforcement Decree of the National Land Planning and Utilization Act provide that “In order to build infrastructure, the type, name, location, size, etc. of such infrastructure shall be determined by an urban/Gun management plan in advance.” However, the proviso provides that “the same shall not apply to cases prescribed by Presidential Decree taking into account the characteristics, etc. of infrastructure of specific use areas.” Article 35(1)1 (a) of the Enforcement Decree of the National Land Planning and Utilization Act provides that funeral halls as one of the infrastructure facilities that can be installed without determination by an urban/Gun management plan.”

According to the above provisions of the National Land Planning and Utilization Act and its Enforcement Decree, funeral parlors are infrastructure facilities, but they can be installed without the determination of urban planning facilities, and they do not change to urban planning facilities. As such, Article 146 (Criteria for Determination of Funeral Homes) of the Rules on the Determination Structure and Installation Standards of Urban/Gun Planning Facilities enacted by delegation pursuant to Article 43(2) of the National Land Planning and Utilization Act applies

Therefore, the instant disposition that did not accept an application for change of permitted matters concerning the construction of a funeral hall in the place of application of this case, which is a population congested area, is legitimate.

B. The main sentence of Article 43(2) of the National Land Planning and Utilization Act