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(영문) 대전지방법원 2019.06.20 2019구합100263
영업신고 취소 및 시설폐쇄 명령 처분 취소 청구의 소
Text

1. Revocation of a business report filed by the Defendant against the Plaintiffs on November 27, 2018 and an order to close a facility shall be revoked.

2...

Reasons

1. Details of the disposition;

A. Article 29(1) of the Act on Funeral Services, Etc. (hereinafter “the Funeral Act”) provides that where a person, other than a Mayor/Do Governor or the head of a Si/Gun/Gu, intends to install and operate a funeral hall, the Defendant shall prepare the standards for installation, equipment and safety prescribed by Presidential Decree and report to the head of a Si/Gun/Gu, etc. having jurisdiction over the location of the funeral hall, as prescribed by Ordinance of the Ministry of Health and Welfare, and the same shall also apply to any modification to the reported matters.

In addition, Article 20 (3) of the Enforcement Rule of the Funeral Act of Article 20 (3) of the Enforcement Rule of the same Act shall provide that where a report under paragraph (1) meets the standards under Article 26-4 of the Decree, the Mayor, etc. shall issue a certificate of confirmation of report on funeral home business in attached Form 23-3

Pursuant to the foregoing, the Plaintiffs received reports on the funeral home business of the “E funeral home” located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

(see Evidence A 5-5 and 6). (b)

On November 27, 2018, the Defendant is allowed to operate a funeral hall established under the Medical Service Act as part of the facilities of a medical institution equipped with convenience in carrying out funeral services for dead persons, etc. who died at the relevant hospital. As such, inasmuch as a funeral hall is discontinued, that is, a hospital affiliated with a funeral hall, that is, where a medical institution closes its business, the funeral hall affiliated with the funeral hall cannot be operated as the facility of the medical clinic, and thus, it is appropriate to close the relevant funeral hall under the Medical Service Act, the Defendant’s revocation of the report made on January 25, 2018 and Article 32(3)2 of the Funeral Act, and the Mayor, etc. may order the closure of the relevant funeral hall if the funeral business entity operates the funeral hall without filing a report under Article 29(1) of the Act.

Pursuant to the order of closure of a funeral hall facility, the order is written to terminate the business until December 31, 2018.

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