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Defendant
A shall be punished by a fine for negligence of KRW 6,000,000 and by a fine of KRW 4,000,000, respectively.
Defendant
A above.
Reasons
Punishment of the crime
"2018 High Court 1440"
1. Defendant A is a person who carries on the manufacturing business of plastic products, etc. under the trade name of “B” corporation at the time of industrialization.
When a foreigner intends to work in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and no person shall employ a foreigner who has no status of sojourn eligible for legitimate employment activities.
Nevertheless, from December 5, 2017 to May 9, 2018, the Defendant employed D (n, 30 years of age) and E (n, South, and 27 years of age) who are born from a gold-type plant at a “B Co., Ltd.” factory (B-1) to work well for the offline (PVC connection) and paid KRW 1,60,000 per month.
2. Defendant B Co., Ltd (representative director A) committed a violation under paragraph (1) in relation to the Defendant’s business.
"2018 High Court 1494"
1. Defendant A
(a) Any person who intends to install air pollutant-emitting facilities shall obtain permission from the Mayor/Do Governor or report thereon to the Mayor/Do Governor, as prescribed by Presidential Decree;
Nevertheless, on June 5, 2018, the Defendant operated using one 22 kw minator, which is a facility emitting air pollutants installed without reporting to the competent authorities, at the place of business located in C, the Defendant, which was located in C, on June 5, 2018.
(b) A person who intends to install noise and vibration emission facilities in violation of the Noise and Vibration Control Act shall report thereon to the competent authority, including the Special Self-Governing City Mayor;
Nevertheless, the Defendant, at the time and place stated in the above paragraph (a), operated a 22 kw minator, which is a noise and vibration emission facility installed without reporting to the competent authorities.
2. Defendant B Co., Ltd (representative director A) committed the same offense as that of the Defendant’s business.