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(영문) 창원지방법원 진주지원 2013.12.12 2013고정705

출입국관리법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 60,000 won.

Reasons

Punishment of the crime

From September 2010, the Defendant is a person who is engaged in the franchise and retail business from around 2010 to around 30,000 in the name of “C.”

1. Where a foreigner intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ any person without the status of sojourn;

Nevertheless, from February 26, 2013 to April 10, 2013, the Defendant, at the site of the construction of the plastic houses in the Dondong-dong-gun, Hanam-dong-gun, entered into the construction site of the multi-professional employment (E-9-1) on April 26, 2011, and was staying there on August 4, 2012 while staying there on August 4, 2012, the Defendant employed six foreigners who did not have the status of stay to work as shown in the attached list of crimes, including employment of Mongolia (FFs and South) who was illegal aliens who did not have the status of stay to work.

2. If a foreigner staying in the Republic of Korea intends to change or add his/her workplace within the scope of his/her sojourn status, he/she shall obtain prior permission from the Minister of Justice, and no person shall employ a foreigner who has not obtained permission to change or add his/her workplace,

Nevertheless, from March 25, 2013 to April 10, 2013, the Defendant, at the site of the construction of the multi-professional work house in the Dondong-gun D, Hanam-dong-gun, enter the place of construction of the multi-professional work, and employed Mongolia (H students) with non-professional employment qualification without obtaining permission to change or obtain additional permission to change the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. I's written opinion;

1. Each written statement of workers;

1. Each certificate of foreign employment;

1. Application of Acts and subordinate statutes to each immigration offender determination notice;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (which employs a person who does not have the status of sojourn eligible for employment activities, selection of each fine), Article 95 subparagraph 6 of the Immigration Control Act and Article 21 (2) of the same Act shall not apply to the case of criminal facts;