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(영문) 수원지방법원 안양지원 2016.01.06 2014고단1007

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(1) On November 25, 2009, the Defendant issued a demand notice to pay the pension premium of KRW 4,637,080 from the above C branch of the National Health Insurance Corporation, which was inside the National Health Insurance Corporation on December 21, 2009, and the Defendant did not pay the pension premium of KRW 4,637,080 by the due date without justifiable grounds until November 10, 2014, as shown in the attached Table of Crimes in the annexed Table of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (148 pages, 152 pages of evidence);

1. Comprehensive inquiries about arrears in the workplace of each region, inquiries about overdue notice by place of business, inquiry about the history of sending a written demand notice, and application of statutes governing comprehensive workplace conditions;

1. Article 128(2)2 of the former Pension Act (amended by Act No. 13100, Jan. 28, 2015); Article 95(2) of the same Act regarding criminal facts; Articles 128(2)2 and 95(2) of the same Act regarding the selection of punishment for imprisonment

1. Although the pension premium in arrears with the reason for sentencing under Article 62 (1) of the Criminal Act is reasonable, it seems that there are no previous convictions of the same kind and no previous convictions of the suspension of execution, and that the pension premium in arrears is in arrears due to poor business operations, and that the insurance premium in arrears will be paid.

The punishment shall be determined as per the order, taking into account the fact that it is.