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(영문) 대구지방법원 2015.10.20 2014고단4508
병역법위반
Text

1. Defendant A shall be punished by a fine of KRW 1 million, by a fine of KRW 1.5 million, by a fine of KRW 1.5 million, and Defendant C shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

1. The head of a designated entity A (including a person in charge of personnel management for the head of a designated entity) shall notify the head of the competent regional military manpower office within 14 days when industrial technical personnel are transferred, where he/she is not engaged in the relevant field of the designated entity or is absent without permission for at least eight days;

Nevertheless, the Defendant, as an executive director in charge of personnel management in B, a military service-designated entity Company B in Yongcheon-si, was absent from office without permission from July 1, 2012 to February 26, 2014 and did not notify the regional military manpower office within 14 days, even though C was not engaged in the relevant field of the designated entity at the time of transfer.

2. B Defendant Company B is a corporation engaged in the business of plastic recycling, and Party B is the designated entity in charge of military service, and Party B is the head of the designated entity in charge of personnel management of the Defendant and managing the industrial technical personnel.

From July 1, 2012 to February 26, 2014, the Defendant did not notify the regional military manpower office within 14 days, despite the fact that C was absent from work without permission and did not engage in the relevant field of the designated entity at the time of the transfer of the industrial technical personnel.

3. Defendant C is a person assigned to be skilled industrial personnel B in Youngcheon-si I on January 27, 2012 and has been in charge of quality control at the production technology team.

The Defendant did not engage in quality control duties for the pertinent field from July 1, 2012 to February 26, 2014, and did not work without permission on the ground that the Defendant was aware of the severance from employment from the said stock company B, which had been working for at least eight days.

Accordingly, the defendant does not engage in the relevant field of the designated entity at the time of incorporation without justifiable grounds.

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