The judgment below

The guilty part is reversed, and that part of the case is remanded to the District Court Panel Division.

Judgment ex officio is made.

1. Article 2 of the former Funeral Services, etc. Act (amended by Act No. 13108, Jan. 28, 2015; hereinafter “former funeral Act”) defines “a cemetery” as “a cemetery where a grave is installed”; “a grave” as “a facility where a corpse or remains are buried”; and “replace” as “replacement of a corpse or remains on the ground.”

Article 14(1)4 of the same Act provides that “A corporate cemetery” shall be construed as “a cemetery established within the same zone by an unspecified number of persons,” and Article 14(3) of the same Act provides that “a person who intends to install and manage a corporate cemetery shall obtain permission from the head of the Si, etc. having jurisdiction over the relevant cemetery as prescribed by Ordinance of the Ministry of Health and Welfare.” Article 39 Subparag. 1 (hereinafter “instant penal provision”) which provides that “a person who installs and operates a corporate cemetery shall be punished by “the person who installs and installs the cemetery,” which is an unauthorized corporation’s penal provision.

In addition, Article 40 subparagraph 2 of the same Act provides that a person who performs a burial in an area other than a cemetery under the same Act; Article 40 subparagraph 5 of the same Act provides that a person who installs a grave cemetery or facility in violation of the standards for the area or installation of a facility under the same Act; Article 40 subparagraph 9 of the same Act provides that a person who violates an order to relocate a facility, close or prohibit a facility, or order to suspend the use of a facility (Article 31 subparagraph 1 of the same Act) with respect to an unauthorized corporation cemetery installation, etc.

According to the above provisions of the former funeral-related laws, the judiciary clearly separates the meaning of graveyards, graves, and graves, and burials, and is punished by dividing all acts of installation of graveyards, grave installation, and burial in violation of the provisions of the former funeral-related laws.

In addition, while the former head of the Gu requires the permission of the mayor for the “establishment and management” of a corporate cemetery, the former head of the Gu shall only punish the “establishment” of a corporate cemetery without permission, and the former head of the Gu shall not have already been established.