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(영문) 제주지방법원 2019.07.19 2019고단1065
직업안정법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the scope of his/her sojourn status and sojourn period, and he/she shall not sojourn in violation of this provision;

On October 29, 2017, the Defendant, a Chinese national foreigner, entered the Republic of Korea as Jeju visa (B-2-2) and stayed in the Republic of Korea without a valid status of stay until May 21, 2019, beyond the scope of the period of stay, despite the expiration of the period of stay as of November 29, 2017.

2. A person who intends to conduct employment security violations and domestic fee-charging job placement services in violation of the Immigration Control Act shall register with the Governor of Special Self-Governing Province or the head of Si/Gun/Gu having jurisdiction

In addition, no person shall arrange the employment of foreigners who do not have the status of sojourn eligible for employment activities as a business.

Nevertheless, the Defendant conspired with his accomplice B without registration of fee-charging job placement services, published a job placement advertisement article on a mobile phone C Meslock room, thereby soliciting Chinese people who wish to be employed. B secured the company capable of performing work and arranged them to do so, and offered them to divide them into money in the name of introduction expenses.

According to the above public offering around January 2019, the Defendant reported the job placement advertisement that the Defendant saw by using CB, and 30,000 won, and arranged the Chinese couple to work in a dry field, a dry field, a dry field, and a dry field, etc. located in the Southern-si, Nam-si, Nampo-si. In return, the Defendant received KRW 350,00 from the Defendant.

B. On April 13, 2019, the Defendant introduced, according to the foregoing public invitation, D and E (Nam, 20) of Chinese nationals, who did not have the status of sojourn eligible to engage in job-seeking activities at around 20:00, and introduced them to engage in work at a non-commercial farm in Jeju.

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