The defendant shall be innocent.

1. The summary of the facts charged was, without obtaining permission from the competent authorities for the installation of a private cemetery, and around March 2017, the Defendant established a private corporate cemetery by burying the remains of the remains containing D’s remains at the request of the deceased’s bereaved family members at the request of the deceased’s bereaved family members, from “C, which is an illegal cemetery facility operated by the Defendant of the Defendant of Si/Ycheon-si, Gyeonggi-do.”

2. Determination

A. Article 2 of the Act on Funeral Services, Etc. (hereinafter “the Funeral Act”) defines “a cemetery” as “an area where a grave is established”, “a grave” as “a facility where a corpse or remains is buried”, and “a burial” as “a funeral service is performed by burying a corpse or remains on the ground.”

Article 14(1)4 of the same Act provides that “a corporate cemetery shall be established within the same zone of a large number of unspecified 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 Mayor, 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 has installed and managed a corporate cemetery shall be punished by a person who has installed a corporate cemetery without permission.”

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 or improve facilities, such as a market for installation of an unauthorized corporate cemetery; close or prohibit facilities; or suspend business operations (Article 31 subparagraph

According to the above provisions of the Funeral Act, the Funeral Act clearly distinguishess the meaning of graveyardss, graves, and graveyardss, and the provisions of the former Funeral Act.