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(영문) 서울북부지방법원 2014.04.22 2014고정104
병역법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A as the representative director of Defendant B, who was selected as the designated entity of industrial technical personnel from 1997, had D mandatory service as industrial technical personnel at the designated entity from February 8, 2012.

1. Defendant A

(a) The industrial technical personnel shall be engaged in the field concerned of the designated enterprise at the time of their transfer;

Nevertheless, the Defendant, at the time of its incorporation, worked in F, a corporation located in Seoul Special Metropolitan City, Nowon-gu E-dong A 802, which was obligated to work in B, a designated entity, at the time of its incorporation, for the above D from June 11, 2012 to April 10, 2013, which is not a designated entity, but a corporation of the above E-dong A 404.

(b) The head of a designated entity shall notify the director of the competent regional military manpower office within 14 days when he/she is not engaged in the relevant field of the designated entity;

Nevertheless, even though the defendant did not engage in D as described in the above paragraph (a), he did not notify it to the director of the Seoul regional military manpower office.

2. Defendant B

A. As described in paragraph 1(a), the Defendant, as the representative director of the Defendant Company, had D who was obligated to work in the Defendant Company, work in a place other than the designated entity’s relevant field.

B. As described in paragraph 1(b), the Defendant did not notify the director of the Seoul regional military manpower office within 14 days of the incorporation of D, who was the representative director of the Defendant company, and was not engaged in the Defendant company as the designated entity at the time of incorporation.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written statement of service personnel of each industrial technical personnel;

1. A written statement of the representative of the Bank;

1. Written statements and written answers of the obligor;

1. Copy of corporate register;

1. Application for transfer to industrial technical personnel;

1. Application of Acts and subordinate statutes to photographs inside and outside the workplace of the obligor;

1. Article 84 (1) 1 and Article 40 of the Military Service Act concerning criminal facts and the defendant A who has selected a sentence:

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