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(영문) 제주지방법원 2018.06.20 2017고단777
출입국관리법위반등
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2017 Highest 777"

1. Defendant A and B’s joint crime (Violation of the Immigration Control Act) is an employee of the construction company I who works for the head of the site of the K hotel construction site adjacent to the K hotel located adjacent to the Jeju city. Defendant A was working for the head of the relevant team at the above construction site;

person is a person.

When a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment, and no person shall employ any person who has no such status of sojourn as above.

Nevertheless, Defendant B, through the above construction site M, ordered Defendant A, the team leader of the wooden hole framework in the construction site at the above construction site at the time of the termination of the shortage of workers, to organize a team and work even if they employed Defendant A, the team leader, and Defendant A, on March 23, 2015, provided that Defendant B paid KRW 140,000 per day to a foreign national of China, who does not have the status of stay to engage in job-seeking activities after entering Jeju-do with a certificate of free approval on March 23, 2015, and provided Defendant B with accommodation for the above construction site at the above construction site from June 5, 2016 to August 30, 2016, as shown in attached Table 1, to employ a foreign national of China who did not have the status of stay to engage in job-seeking activities during the above period at the construction site at the above construction site, and provided Defendant B with accommodation as above.

As a result, Defendant A and B employed those who did not have the status of sojourn eligible for job-seeking activities in collusion.

2. Defendant B’s violation of the Labor Standards Act is a personal building business operator, and Defendant B, among Q hotel works in Jeju P, is an employer who contracted out the parts of steel bars, concrete, and molds from the primary office R and used workers to perform construction work.

When a worker dies or retires, the employer shall do so within fourteen days after the cause for such payment occurred.

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