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(영문) 수원지방법원 2016.06.14 2015구합70738
시설의 폐쇄 및 과태료부과처분취소
Text

1. The part concerning a request for revocation of the imposition of an administrative fine among the instant lawsuits is dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Details of the disposition;

A. The Plaintiff is widely aware of the management of C in the wife population B in Permitted-si.

B. 59 facilities are installed following the building of C (hereinafter “instant facilities”).

C. On October 15, 2015, the Defendant issued an order to close the instant facility pursuant to Article 31 of the Act on Funeral Services, Etc. (hereinafter “instant order to close”) on the ground that “the instant facility was not reported to the competent Mayor, etc. in order to install it as a private charnel facility,” and imposed an administrative fine of KRW 3 million on the Plaintiff pursuant to Article 42(1) of the said Act (hereinafter “instant disposition imposing an administrative fine”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 2 and 3, and the purport of the whole pleadings

2. The instant facility established in the Plaintiff’s assertion C is part of a religious facility, which does not actually contain remains, and thus does not constitute an enshrinement facility. As such, the instant order for closure and imposition of administrative fines on the premise that the instant facility constitutes a private charnel facility is illegal.

3. Determination

A. We examine whether the part of the instant lawsuit, ex officio, requesting revocation of the disposition imposing an administrative fine of this case, is legitimate.

Articles 20 (1) and (2), 21 (1), 25, 36 (1), and 38 (1) of the Act on the Regulation of Violations of Public Order may file an objection in writing with the relevant administrative agency within 60 days from the date on which the administrative agency is notified of the imposition of the administrative fine, and if an objection is filed, the imposition of the administrative fine shall lose its effect, and the administrative agency in receipt of the objection shall notify the competent court of the objection along with its opinion and documentary evidence within 14 days from the date on which the objection is filed, and such administrative agency shall notify the competent

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