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(영문) 대구지방법원 2018.06.15 2017구합24488
재단법인 설립 불허가통보처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 18, 2017, the Plaintiff filed an application with the Defendant for establishment permission of the Incorporated Foundation C (hereinafter “instant Incorporated Foundation”) that operates a park cemetery and charnel facility as its objective business in order to establish and operate a park cemetery and charnel facility (hereinafter “business site”).

B. On September 12, 2017, the Defendant notified the Plaintiff on September 12, 2017 that the application for the establishment of a foundation was rejected on the following grounds pursuant to Article 32 of the Civil Act and Article 4(1) of the Regulations on the Establishment and Supervision of Nonprofit Corporations under the Ministry of Health and Welfare (hereinafter “Rules

(hereinafter referred to as the “instant disposition”). Since D/C, which is the managing authority of a park cemetery and charnel facility, replys to the absence of a plan to expand a corporate cemetery and charnel facility, the establishment of a corporate cemetery and charnel facility is not required.

The Foundation of this case is deemed not to have sufficient financial basis for carrying out its business purposes.

If a park cemetery and charnel facility are installed in the project site, E and a reviewer are located in the vicinity of the project site, it is likely to infringe on the living zone of neighboring residents (7 units 306 households and 564 residents).

From 2012 to 2014, the project site is notified of improper information about waste disposal facility business plan three times in total, and there is an administrative appeal and administrative litigation about it, and it is expected that residents' extreme opposition in the process of the project is expected to be in the future.

【Ground for recognition】 The fact that there has been no dispute, the purport of whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful as it deviatess from and abused discretion for the following reasons.

1 The purpose of the incorporated foundation of this case is not simply to establish corporate cemeteries and charnel facilities, but to create jobs in the community by establishing funeral parks, and to provide welfare and support for residents.

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