The prosecution of this case is dismissed.

The Defendant is a person who operates a waste recycling company in the name of "D" from October 26, 201 to Hongcheon-gun, Gangwon-do.

No person shall employ a foreigner who does not have the status of stay, but the defendant employed the foreigner E of Chinese nationality without the status of stay from October 26, 201, and F from August 16, 201 to October 2012.

Judgment

The facts charged of this case are crimes falling under Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the Immigration Control Act, for which no accusation is made by the head of the Regional Immigration Service under Article 101 (1) of the same Act, and there is no evidence to prove that there was an accusation by the head of the Regional Immigration Service against the defendant other than G even after examining the records. Thus, the public prosecution of this case is instituted without accusation, and thus the procedure for prosecution is invalid because it violates the provisions of Acts

(See Supreme Court Decision 2008Do4762 Decided September 30, 2010, which states that the subjective indivisible principle of accusation does not apply to the accusation is dismissed pursuant to Article 327 subparagraph 2 of the Criminal Procedure Act.