1. On October 29, 2018, the Defendant filed an application for permission of construction of one unit related to graveyard B in Busan-gun, Busan-gun.

Details of the disposition

The plaintiff's application area for permission for the development of a natural burial ground is adjacent to the main access road to C, and is located in the base and location of the residents, causing interference with transportation, noise, sanitation, and other residential life. A natural burial site contrary to the regional settlement is recognized as a suspected facility for residents as a funeral facility, and thus, a group civil petition against the permission for funeral service establishment is anticipated. The relevant area (D) meeting also provides negative opinions on the ground of traffic problems, inappropriate image of a new city, environmental problems, etc., and thus, it is inappropriate for a funeral facility to return an application for permission for the development of a natural burial ground to a religious organization near the new urban access road that plans only population 8 as mentioned above, and thus, it is inappropriate for a funeral facility to return an application for permission for the development of a natural burial ground to the Busan-gun, Busan-gun, for the natural burial ground, B 10,865 square meters (hereinafter "the land in this case") and Article 30 of the Enforcement Decree of the National Land Planning Act. The plaintiff's application for permission for the natural burial ground in this case was rejected.

On October 21, 2014, the Plaintiff filed an administrative appeal seeking the revocation of the return disposition with the Busan Metropolitan City Administrative Appeals Commission. On November 9, 2014, Busan Metropolitan City Administrative Appeals Commission rendered a ruling revoking the Defendant’s return disposition on the ground that the Defendant’s above disposition was an illegal or unjust disposition that deviates from or abused discretion prescribed by relevant statutes.

On December 26, 2014, the defendant rejected the plaintiff's application again for the following reasons.

Between 300 to 700 meters in the application area, various cultural facilities such as E Library (Opening on June 2015), Education Information Center (Opening on March 2015), F Museum, etc. are scheduled to be operated, and is located (280 meters in the vicinity of the residential area).