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(영문) 수원지방법원 안산지원 2013.10.25 2013고정1544

출입국관리법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 6,000,000, and by a fine of KRW 4,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative of the Company B, which is a worker dispatch company, and the defendant B is a corporation established by the defendant A for the dispatch of workers.

No person shall employ a person who has no status of sojourn eligible for employment activities.

[2013 High Court Decision 1569]

1. Defendant A paid 50,000 won per day on November 14, 2012 to China (D students, South Korea, and F-1) who did not have the status of stay eligible for legitimate job-seeking activities.

2. Defendant B, as above, employed a foreigner who has no status of sojourn available for A, a representative director with respect to the Defendant’s business.

[2013 High Court Decision 1544]

3. Defendant A employed each of the 12 days from February 23, 2013 to March 6, 2013, G (H, female), I (J, female), K (L), M (N, female), andO (P, female) as illegal for each of the 13 days from March 6, 2013, respectively. < Amended by Act No. 11637, Mar. 1, 2013>

4. Defendant B, as seen above, employed six foreigners who had no status of sojourn available for A, the representative director for the Defendant’s business.

Summary of Evidence

[2013 High Court Decision 1544]

1. Defendant's legal statement;

1. Each immigration offender or accusation, each written statement of employment [2013 High Court 1569];

1. Defendant's legal statement;

1. Accusation against each immigration offender, notification on details of industrial accident occurrence of foreign workers, and application of statutes governing registered foreigners;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act; Article 94 subparagraph 2 of the same Act; Article 99-3 subparagraph 9 of the same Act; Articles 94 subparagraph 9 and 18 (3) of the same Act; and Article 18 (3) of the same Act;

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

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Article 334 (1) of the Criminal Procedure Act, each of the orders for provisional payment;