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(영문) 제주지방법원 2018.03.14 2017고단1113
출입국관리법위반등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

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

Defendant A, who was working as the representative director of Jeju L, is an employer who was employed by 16 full time workers, and Defendant B is a corporation established for the purpose of construction business.

1. Defendant A

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant was employed by the Defendant from December 27, 2015 to March 31, 2016 and worked at a construction site located in Seogpo City M, and the Defendant did not pay KRW 3,468,000 on March 3, 2016 of retired workers N, within 14 days from the date of retirement, and did not pay KRW 32,947,000 (excluding the portion above 3 to 9 parts per year) for the total 13 workers as indicated in the list of crimes in the attached Table (excluding each of the above 3 to 9 parts).

(b) No person who violates the Immigration Control Act shall employ any foreigner without the status of sojourn eligible for employment activities;

Nevertheless, the Defendant, on August 1, 2016, entered Jeju-do as Jeju-do-free certificate (entry on November 24, 2015) and paid KRW 100,000 per day to the foreigners of Chinese nationality who do not have the status of stay to engage in job-seeking activities (O, P and South Korea). The Defendant employed Jeju-si Q from February 25, 2017 to the construction site of another canal wells construction site of Jeju-si Q Q to pay KRW 10,00 per day.

As a result, the defendant employed a foreigner who does not have the status of sojourn eligible for employment activities.

2. Defendant B, who is the representative of the Defendant, committed the same act as that of Defendant B in relation to Defendant’s business.

"2017 Highest 2503".

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