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(영문) 청주지방법원 제천지원 2016.04.14 2015고단681
국민연금법위반
Text

Defendant

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

However, the defendant A.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. is a corporation established for the purpose of dispatched labor business, service security business, etc. in Incheon City, and Defendant A is an employer who operates the above Defendant B Co., Ltd.

1. The business owner (employer) of the place of business in which a person who works for defendant A belongs shall pay the contribution to be borne by the insured of the place of business from the monthly wage to be paid to him/her, and where the Health Insurance Corporation issues a demand notice fixing a deadline, he/she shall pay the pension contribution by the payment deadline unless there is any justifiable reason;

From June 2012 to March 2013, the Defendant was obligated to pay the pension premium of KRW 53,738,180 to the National Health Insurance Corporation by adding to KRW 26,869,090, which is 4.5% of the monthly income paid to the Defendant while employing 70 workers E, etc. from the above B Co., Ltd. to KRW 53,738,180 (4.5% of the monthly income of the relevant worker).

Nevertheless, the Defendant, by failing to pay it, received a reminder from the National Health Insurance Corporation in total of 13 times from October 10, 2012 to July 22, 2013, and even if the payment deadline of the final demand notice fell under August 10, 2013, the Defendant did not pay KRW 53,738,180 by the payment deadline.

2. Defendant B, the operator of Defendant B Co., Ltd., committed a violation in relation to the Defendant’s business, such as Paragraph 1.

Summary of Evidence

1. Each legal statement of F by the representative director of the defendant A and the defendant B;

1. Statement of the police statement related to G;

1. Details of arrears by worker (seven pages of investigation records), inquiry into the history of sending the notice of urging notice, and written confirmation of payment of pension insurance premiums;

1. Application of statutes governing certified copies of corporate registers;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 128(2)2 and Article 95(2) of the former National Pension Act (amended by Act No. 13100, Jan. 28, 2015; hereinafter “former National Pension Act”) (amended by Act No. 13100, Jan. 28, 2015; hereinafter “former National Pension Act”).

B. Defendant B corporation: Gu.

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