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(영문) 수원지방법원 여주지원 2017.03.14 2016고단1468
출입국관리법위반
Text

Defendants shall be punished by each fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. If a foreigner A intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and the status of employment shall be restricted to the activities falling under the scope of the relevant status of sojourn, and no person shall employ any foreigner who has no status of sojourn eligible for employment activities

The Defendant is a person who actually operates J Co., Ltd. for the purpose of cargo transport agency business and door-to-door business in Echeon-si, and J Co. received from N Co., Ltd. the Ncheon-si cargo distribution center's door-to-door cargo discharge and classification work.

As between April 17, 2016 and April 18, 2016, the Defendant employed the CB, which possessed her age C-3 visa at the Nancheon Logistics Center located in Eacheon-si, Eacheon-si, and had it perform duties, such as the classification and transportation of alternative cargo.

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

2. Defendant J Co., Ltd., an employee of Defendant J, committed the same offense as that of the Defendant, in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspect with respect toCC;

1. A written accusation against an immigration offender;

1. A list of registered foreigners' records;

1. Application of Acts and subordinate statutes notifying details of occurrence of foreign industrial accident;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 94 subparag. 9 of the Immigration Control Act, Article 18 subparag. 3 of the Immigration Control Act, and the selection of fines

(b) Defendant J Co., Ltd.: Subparagraph 2 of Article 99-3, Article 94 Subparag. 9, and Article 18 Subparag. 3 of the Immigration Control Act

1. It is inevitable to strictly punish the Defendants on the grounds that the provisions of the Immigration Control Act on the job-seeking activities and status of stay of foreigners on the grounds of sentencing under Articles 70 and 69(2) of the Criminal Act should be complied with.

However, the defendants' confessions their crimes and are less than the improvement of poor working conditions.

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