Defendant

A shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, 50,000 won.

Punishment of the crime

Defendant

A is a representative of Class B.

A person who intends to establish and manage a clan shall obtain permission from the head of the Si, etc. having jurisdiction over the relevant cemetery, as prescribed by Ordinance of the Ministry of Health and Welfare, and the head of the Si, etc. may order the establisher or developer of the private cemetery to relocate the cemetery, and the person ordered to relocate the cemetery shall comply with

Nevertheless, around November 15, 201, Defendant A received an order to relocate a cemetery to the effect that “the seven clans established in Kim Jong-si, without the permission of the competent authorities, are transferred to December 31, 201,” from Kim Jong-si, the competent authorities, and that “the seven clans established in Kim Jong-si shall be transferred to December 31, 201,” and that “the seven clans shall be transferred to March 30, 2012” from the above Kim Jong-si, which was issued an order to relocate the cemetery to the effect that “the seven clans established in Kim Jong-si, without the permission of the competent authorities, shall not be implemented.”

Summary of Evidence

1. Defendant A’s legal statement

1. Statement to E by the police;

1. The application of Acts and subordinate statutes in advance of an administrative disposition, official text related to the order for transfer, and application of a report on investigation (a document attached thereto);

1. Article 40 of the relevant Act on Criminal Facts and Articles 40 subparagraph 9 and 31 (1) of the Act on Funeral Services, etc. for the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The summary of the charge of this part of Article 334(1) of the Criminal Procedure Act (Class B of the defendant) of the provisional payment order (the summary of this part of the charge is that "the defendant who is his representative has committed an act of violation such as the criminal facts in relation to the defendant's business."

Article 41 (1) of the Act on Funeral Services, Etc. is a joint penal provision that provides that "if a representative, agent, employee, or other worker of a corporation commits an offense under Article 39 or 40 in connection with the business of the corporation, not only shall such offender be punished, but also the corporation shall be punished by a fine under the relevant provisions," and it is also explicit as to whether the said joint penal provision is applied to an unincorporated association.