1. The lawsuit filed by the plaintiff school foundation B shall be dismissed;

2. All remaining plaintiffs' claims are dismissed.

3. The costs of the lawsuit.

Details of the disposition

The deceased F (hereinafter “the deceased”) was the chief director of the Plaintiff Educational Foundation B, and died on November 24, 2017.

Plaintiff

A, C, D, and E are the deceased’s successors, and the Plaintiff’s educational foundation B is the owner of G forest land of 30,248 square meters (hereinafter “instant land”) in Namyang-ju, where the deceased’s cemetery (hereinafter “instant cemetery”) exists.

On March 28, 2018, the Defendant issued an order to transfer the instant cemetery and imposed an administrative fine of KRW 2,00,000 (hereinafter “instant disposition”) by September 28, 2018, on the ground that “four persons, including the Plaintiff, etc., (a)” violated Articles 8(1), 14(2), and 17 of the Funeral Services, etc. Act (hereinafter “the Funeral Act”).

[Grounds for recognition] Uncontentious facts, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 9, images, and the purport of the whole pleadings, see ex officio determination as to the legitimacy of the lawsuit by the plaintiff school foundation B, and the plaintiff school foundation B, as it is the counterpart to the disposition of this case, seek revocation of the disposition of this case.

As seen earlier, the instant disposition is against the “four persons, including the Plaintiff A, etc.” as the other party.

Plaintiff

As to whether a school juristic person B is the party to the disposition in this case, the following circumstances, namely, ① The instant disposition is based on Article 31 subparag. 1 and Article 42(1)3 of the Funeral Act, and Article 31 of the Funeral Act provides that “the relative or the establisher of a private cemetery,” and Article 42(1)3 of the Funeral Act provides that a fine for negligence may be imposed on a person who fails to report the establishment of a private cemetery, and Article 14 of the Funeral Act provides that a report or permission for the establishment of a private cemetery shall be imposed on a person who installs a private cemetery in the case of a private cemetery, and a person who intends to install and manage a private cemetery.