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(영문) 제주지방법원 2019.09.18 2019고단1501
직업안정법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Where a foreigner who violates the Immigration Control Act intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall arrange or solicit the employment of a person not having the status

Nevertheless, the Defendant leased a house in B and C and a house in D at the same time as Seopopopopo City, and offered to Chinese residents, who are illegally recruited by E, etc., the amount of KRW 150,000 per month in return for providing the above house as a lodging place, and arranged employment for the above illegal aliens, and as a result, conspired to divide a certain amount of the wage he received into the fee as commission.

On December 2018, the Defendant, in collusion with the above B, arranged F to work at the construction site where the illegal aliens of Chinese nationality, who did not have the status of sojourn eligible to engage in job-seeking activities in the above accommodation from around December 2018, and arranged employment of those who did not have the status of sojourn 11, as shown in the attached list of crimes, by paying a certain amount from the wages received as a commission by the Defendant, and paying the remainder KRW 70,000 to the above F.

2. A person who intends to conduct domestic fee-charging job placement services in violation of the Employment Security Act shall register with the Governor of a Special Self-Governing Province or the head of a Si/Gun

Nevertheless, the Defendant, without registering, conducted domestic fee-charging job placement services in collusion with B as in the preceding paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to G, H, I, and J;

1. Each statement of K, L, M, N,O, P, F, Q, and R;

1. A written accusation;

1. Each photograph, cellular phone record, and place of work;

1. Application of the fact-finding inquiry (whether job placement is registered or not), reply statute;

1. Article 47 subparagraph 1 of the Employment Security Act, Article 19 (1) of the same Act, Article 94 of the Immigration Control Act, which applies to the crime;

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