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(영문) 대구지방법원 상주지원 2019.09.24 2019고단199

출입국관리법위반등

Text

A defendant shall be punished by imprisonment with prison labor for not less than six months and by a fine not exceeding two million won.

Defendant

If the above fine is not paid.

Reasons

Punishment of the crime

The Defendant is a person who operates a mutual entertainment establishment, which is called “C,” in the door-to-door.

1. If a foreigner violating the Immigration Control Act intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and shall not employ any foreigner who has no status of sojourn eligible for employment activities;

Nevertheless, from September 5, 2018 to November 22, 2018 of the same year, the Defendant employed 17 foreigners who did not have the status of sojourn eligible for employment in the Republic of Korea, as shown in the attached crime list, as entertainment workers, from around that time to December 19, 2018, as entertainment workers, who had the status of sojourn eligible for employment in the Republic of Korea, other than the status of sojourn eligible for employment in the Republic of Korea.

2. Where a person who is required to undergo a medical examination for sexually transmitted infectious diseases in violation of the Infectious Disease Control and Prevention Act fails to undergo a medical examination, he/she shall not be engaged in an entertainment establishment, and no person who conducts the relevant business shall allow any person who fails to undergo a medical examination to be engaged in the relevant business;

Nevertheless, from September 5, 2018 to November 22, 2018 of the same year, the Defendant employment D of the nationality of the Thailand, which had not undergone a medical examination for sexually transmitted infectious diseases, as an entertainment service provider, and had 17 foreigners who did not undergo a medical examination for sexually transmitted infectious diseases, as shown in the list of crimes in the attached Table, engaged in entertainment business by employing 17 foreigners who did not receive a medical examination for sexually transmitted infectious diseases as an entertainment service provider.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of eight persons and D;

1. E statements;

1. The F and seven statements;

1. A written accusation;

1. Application of Acts and subordinate statutes to the notice of decision on examining immigration offenders;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 of the same Act, each of the applicable laws and the choice of punishment for the crime;