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(영문) 부산지방법원 동부지원 2018.06.20 2018고단678
출입국관리법위반
Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 10,000,000 won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative of corporation B with the 628th floor of the 6th floor of the 6th floor in Busan Metropolitan City, and the corporation B is a corporation established for the purpose of construction business.

1. Defendant A

(a) When intending to employ a foreigner, a person having the status of sojourn eligible for employment in Korea shall be employed under the conditions as prescribed by the Presidential Decree;

Nevertheless, from August 1, 2017 to August 30, 2017, the Defendant employed 183,053 won per day on condition that K (K, 33 years of age) in China (K, and 33 years of age) who did not have a legitimate status of stay to work at “the construction site of Busan Gangseo-gu J collective housing” of the Company B, as well as employed 62 illegal stay or illegal employment foreigners from around that time to September 30, 2017, as shown in the list of crimes in the attached Table.

(b) When intending to employ a foreigner, the foreigner who has not obtained permission to change or add his/her workplace shall not be employed;

Nevertheless, from September 1, 2017 to September 7, 2017, the Defendant employed a total of two foreigners as shown in the list of crimes in the attached Table from around 2017 to September 14, 2017, under the condition that the Defendant would pay a total of 202,50 won per day to Vietnam (L, 26 years of age) who did not obtain a legitimate permission to change or add a place of work at the “construction site of Busan Gangseo-gu's J-gu's Multi-Family Housing” (L, 26 years of age).

2. Defendant B, at the same time and place as paragraph 1, committed the Defendant’s act of violation as Paragraph 1, which is the representative of the Defendant.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement made by the police against M;

1. Accusation and notification of workplaces violating the Employment Control Act for foreigners;

1. A certificate of employment of foreigners;

1. Application of the Acts and subordinate statutes to the investigation report (to examine the visa of the workers in this case);

1. Relevant Article of the Act and the choice of punishment for the crime - Defendant A: Article 94 of the Immigration Control Act.

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