A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is the representative director of the medical corporation C in Yangsan-si, and the employer who is obligated to pay pension premiums to the National Health Insurance Corporation by not later than the 10th of the following month, including the total amount of insurance premiums for workers deducted from the monthly salary paid to workers.

If a workplace insured person fails to pay pension premiums and other money to be collected accordingly by the deadline for payment, the employer of the workplace insured person shall pay pension premiums by the deadline for payment of at least ten days specified and issued by the Health Insurance Corporation.

Nevertheless, the Defendant received a demand notice from the National Pension Service on October 2019 to July 10, 2019 to pay the total of 88,621,892 won of workers’ national pension premiums and arrears from May 2018 to May 2019, the Defendant did not pay the above national pension premiums, etc. within the above period without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes concerning the management of regions, workplaces, comprehensive inquiry into arrears, and collection consideration;

1. Relevant Article 128 (2) 2 and Article 95 (2) of the National Pension Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The act of the Defendant’s failure to pay the national pension premium, etc. without any justifiable reason under Article 62(1) of the Criminal Act is a criminal act causing loss to the social insurance finance, and the total arrears amount to KRW 88 million is not less than that of the criminal liability.

However, there are circumstances under which the defendant's insurance premium, etc. of this case can be considered to some extent, and it seems that he did not have failed to pay it in bad faith, and records, such as the defendant's age, character and behavior, environment, motive or circumstance of the crime, means and method of the crime, contents and result, circumstances after the crime, etc.