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(영문) 광주지방법원 2018.05.09 2017고단5342
출입국관리법위반
Text

1. Defendant A is not guilty. 2. Defendant B is not guilty. Defendant B is a fine of KRW 10,000,000.

Reasons

Defendant B Co., Ltd. (Defendant B Co., Ltd.) is a corporation established for the construction business of steel reinforced concrete.

Defendant

From January 2, 2017 to March 27, 2017, the employees or employees of a company B employed 15 foreigners who were not qualified to engage in job-seeking activities, such as the list of crimes in the attached Table, at the site of new apartment construction work in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, as well as Vietnamese's nationality, at the site of new apartment construction work (Defendant B corporation).

1. Legal statement of Defendant B corporation

1. Written review and decision (B stock company);

1. Notice of detection of foreigners, etc. in each illegal stay (the 11, 12 at a net time);

1. Application of Acts and subordinate statutes to the labor ledger in January 2017, the labor ledger in February 2017, the labor ledger in March 2017, the labor ledger in April 2017, and the labor ledger in April 2017 (Defendant B stock company);

1. Subparagraph 2 of Article 99-3, Article 94 subparagraph 9, and Article 18 (3) of the Immigration Control Act concerning facts constituting an offense;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (Defendant B Co., Ltd.) - Defendant B Co., Ltd. committed the instant crime repeatedly despite having employed a foreigner who has no status of stay on December 2, 2016 and was discovered (Defendant A)

1. From January 2, 2017 to March 27, 2017, Defendant A, as the representative director of Defendant B Co., Ltd., employed 15 foreigners who were not qualified to engage in job-seeking activities, such as Vietnam’s nationality D, while performing steel reinforced concrete construction work at the site of the Dongdaemun-gu Seoul apartment construction work at the site of the Dongdaemun-gu Seoul apartment construction project.

2. As to the act of employing an employee of the judgment company without the status of sojourn eligible for employment activities, Article 94 of the Immigration Control Act merely because the representative director was in the position to know such an act.

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