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(영문) 청주지방법원 제천지원 2016.06.02 2015고단680

국민연금법위반

Text

Defendant

A shall be punished by imprisonment for four months, by a fine of KRW 1,500,000,00,000.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established for the purpose of civil engineering work business, and Defendant A is an employer who operates the above B Co., Ltd.

1. The business owner (employer) of the place of business in which a person who works for defendant A belongs shall pay the contribution to be borne by the insured of the place of business from the monthly wage to be paid to him/her, and where the Health Insurance Corporation issues a demand notice fixing a deadline, he/she shall pay the pension contribution by the payment deadline unless there is any justifiable reason;

For a period of 45 months until February 2015, the Defendant was obligated to pay pension premiums of KRW 26,073,340 to the National Health Insurance Corporation by adding to KRW 13,038,170 (4.5% of the amount of monthly income of the relevant worker) the amount of monthly income paid to nine workers, such as D, and paid to them.

Nevertheless, the Defendant, by failing to pay it, received a demand notice from the National Health Insurance Corporation on November 21, 201 - up to May 20, 201, a total of 51 times between the National Health Insurance Corporation and the payment period of the final demand notice, and even if the payment period was June 10, 2015, the Defendant did not pay KRW 26,073,340 by the payment period.

2. Defendant B, the operator of Defendant B Co., Ltd., committed a violation in relation to the Defendant’s business, such as Paragraph 1.

Summary of Evidence

1. Each legal statement of the E representative director of the defendant A and the defendant B;

1. A written accusation;

1. Details of arrears by worker, the history of issuing urging notices, and a written confirmation of payment of pension premiums;

1. Application of statutes governing certified copies of corporate registers;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 128(2)2 of the National Pension Act and Article 95(2) thereof (or choice of imprisonment);

B. Defendant B corporation: the main sentence of Article 130 of the National Pension Act, Article 128 (2) 2, and Article 95 (2) of the National Pension Act

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B Co., Ltd.: Criminal Procedure Act.