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(영문) 인천지방법원 부천지원 2013.09.12 2013고단2379
출입국관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, and by a fine of five million won for defendant B.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A is the representative director of the B corporation which manufactures plastic parts of cell phone base in Seocheon-si, Seocheon-si.

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, between October 8, 2012 and April 29, 2013, the Defendant employed 19 foreigners who did not have the status of stay to work between around October 8, 2012 and around April 29, 2013, including employment of foreigners and (F) in the People’s Republic of China’s Republic of China’s nationality who did not have the status of stay to work and enter the Republic of Korea with the status of stay of overseas Koreans on July 19, 2011, and 19 foreigners who did not have the status of stay to work between October 8, 2012 and April 29, 2013, respectively.

2. Defendant B Co., Ltd. employed 19 foreigners who were the representative director of Defendant Company A with respect to the Defendant’s business on the same date and place.

Summary of Evidence

1. Defendants’ legal statement

1. A written accusation, written opinion, written decision, written notification of decision on examining any immigration offender, written statement, and application of Acts and subordinate statutes of the corporate register;

1. Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) and (1) of the Immigration Control Act, and Article 99-3 subparagraph 2 of the Immigration Control Act, Article 94 subparagraph 9 of the Immigration Control Act, and Article 18 (3) of the Immigration Control Act;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Article 334 (1) of the Criminal Procedure Act (Defendant B Stock Company);

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