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(영문) 의정부지방법원 2019.03.14 2018고단4875
국민연금법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by a fine of three thousand won,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A is a person who actually runs a stock company B in Dongducheon City C.

An employer who is a workplace-based insured person of the National Pension Service shall pay the National Health Insurance Corporation by aggregating the insurance premiums to be paid by workers and the insurance premiums to be borne by employers, and when he/she receives payment demand from the National Health Insurance Corporation due to his/her

Nevertheless, the Defendant did not pay the total amount of national pension contributions of 25,076,970 won from May 2013 to April 2018. Around April 2018, the Defendant received a demand to pay the said insurance contributions from the National Health Insurance Corporation to May 10, 2018, but did not pay the national pension contributions without justifiable grounds.

2. Defendant B, a de facto representative of the Defendant, committed a violation as described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. The defendant A's partial statement

1. The defendant B (representative D)'s legal statement

1. Application of Acts and subordinate statutes concerning details of delinquency in payment of pension contributions and issuance history of demand notice;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 128(2)2 and 95(2) of the National Pension Act;

(b) Defendant B: Articles 130, 128(2)2, and 95(2) of the National Pension Act

1. Defendant A who is under a suspended sentence: Article 62 (1) of the Criminal Act (hereinafter referred to as the following favorable circumstances):

1. Defendant B Co., Ltd.: Judgment on the assertion of Defendant A and defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the "employer" under Article 128 (2) 2 of the National Pension Act refers to the representative director of a corporation, and the actual operator does not constitute the "employer".

2. As to Article 128(2)2 of the National Pension Act, the payment deadline under Article 95(2).

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