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(영문) 대전지방법원 2015.11.11 2014구합104741
독립유공자국립묘지이장1평형묘처분및변경
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 22, 2014, the Plaintiff submitted a letter of desire for the relocation of the national cemetery of the persons of distinguished services to the national independence to the head of the Suwon Veterans Organization who wanted to move the decedent’s grave to the National Cemetery as the deceased’s grandchildren (hereinafter “the deceased”).

B. On August 25, 2014, the head of the Suwon Patriots and Veterans Organization notified the Plaintiff that he/she was determined as eligible for relocation, and notified the Plaintiff that he/she would be laid to rest in the KRW 1st square cemetery, as well as the guidance on the documents to be submitted.

C. On September 1, 2014, the Plaintiff submitted a written objection to the deceased to the head of the Suwon Veterans Branch. On October 8, 2014, the Defendant notified the Plaintiff that the size of the tomb was 3.3 square meters, upon approving the Plaintiff’s request for a relocation of the deceased’s national cemetery.

(hereinafter “Disposition in this case”). 【No dispute exists, entry in Gap’s evidence Nos. 1, 2, and 8 through 11, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) At the time when the Defendant, without any grounds for disposition, determined the area of a grave that the deceased would be buried, the Daejeon Daejeon Cemetery created an additional cemetery of 26.4 square meters in the cemetery of a patriot. As such, the Defendant should have determined the burial area of the deceased as 26.4 square meters pursuant to Article 3 of the Addenda (No. 7649, July 29, 2005) of the Act on the Establishment and Operation of National Cemeteries. On the contrary, the instant disposition that determined the burial area of the deceased as 3.3 square meters is not unlawful. (2) The Defendant granted the area of 26.4 square meters in the event of the death of the surviving decedent, but granted only 3.3 square meters in the event of the death of the deceased decedent.

This is against the principle of equality and discrimination between the bereaved family and the bereaved family without any grounds.

Therefore, the instant disposition is unlawful by abusing discretion.

(b) as shown in the attached Form of the relevant statutes.

C. Determination 1 does not have any ground for disposition.

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