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(영문) 인천지방법원 2019.05.28 2018고단8616
국민연금법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the workplace-based insured person operating the National Pension Service A office of a certified judicial scrivener in Michuhol-gu Incheon Metropolitan City.

around September 27, 2018, the Defendant had been urged by the National Health Insurance Corporation to pay unpaid pension premiums of KRW 49,278,340 by October 15, 2018, but did not pay the said pension premiums.

2. Determination

A. The National Pension Act provides that:

(1) In order to appropriate funds for expenses incurred in national pension program, the Health Insurance Corporation shall impose monthly pension contributions on the insured and users during the period of coverage, and collect such monthly

(2) When the Service has imposed a pension premium pursuant to Article 88, the Health Insurance Corporation shall issue a payment notice to a person liable for payment in writing stating the pension premium amount, payment deadline, payment place, etc.

(3) A person responsible for payment of contributions shall pay the contributions by the 10th day of the following month.

(4) If a workplace-based and district-based insured person fails to pay the contributions and other money collectable therefrom by the deadline, the Health Insurance Corporation shall demand it with a fixed deadline as prescribed by Presidential Decree.

(5) When the Health Insurance Corporation demands the payment of contributions and money to be collected therefrom of a workplace-based insured person pursuant to Article 95 (1) of the Act, it shall issue a demand note to the employer of the workplace-based insured person within 20 days after the payment deadline expires.

(6) When the Health Insurance Corporation makes a demand under paragraph (1), it shall issue a demand notice within a specified period of at least ten days.

(7) Any employer who fails to pay contributions by the payment deadline under Article 95 (2) of the Act without any justifiable reason shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won.

(Article 128(2)2). According to Article 254(4) of the Criminal Procedure Act, the Criminal Procedure Act shall be applied.

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