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(영문) 부산고등법원 2013.05.15 2012누4128
설치신고불수리처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as stated in the reasoning of the judgment of the court of first instance except for the addition of "No. 25-1-3" to "No. 8-11" in Part 5 of Part 15 of the judgment of the court of first instance, and "No. 2.c. 2)" to "No. 25-1-3" in the front of the "No. 15-2" in Part 5 of Part 15 of the judgment of the court of first instance, as follows. Thus, it is cited in accordance with Article 8 (2) of the Administrative Litigation Act

2. According to Article 15(4) of the Funeral Act and Article 18(1) [Attachment 3] 2.3(c) of the Enforcement Decree of the same Act, the term “the term “the term “the term “the term “the term “a term” as used) access roads (2) (1) of the Act on Funeral Services, and Article 18(1) [Attachment 3] 2.3(c) of the Enforcement Decree

Access roads which are at least five meters wide shall be prepared.

"" is defined as ".

In addition, the application of this case is a mountainous district for forestry use among preserved mountainous districts prescribed in Article 4(1)(a) of the Mountainous Districts Management Act, and Article 12(1) of the Mountainous Districts Management Act cannot be converted or temporarily used to perform any of the following acts in mountainous districts for forestry use except in cases where a mountainous district is converted or temporarily used to perform any of the following

9. Installation of cemeteries, crematory facilities, charnel facilities, and natural burial ground facilities permitted or reported under the Act on Funeral Services, Etc.; 16. Other acts prescribed by Presidential Decree to the extent that does not impede the achievement of the objectives of mountainous districts for forestry use, such as grazing livestock, cultivating wild vegetables, wild flowers and wild flowers trees, piling up goods, and installing farm roads, etc., and "act prescribed by Presidential Decree" in Article 12 (13) of the Enforcement Decree of the Act refers to an act falling under any of the following subparagraphs:

3. Article 2 of the Private Road Act provides that “the act of installing a private road under Article 2 of the Private Road Act.” Meanwhile, Article 15(1) of the Funeral Act intends to install a private charnel facility.

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