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Defendants are innocent.
Reasons
1. The summary of the facts charged in the instant case is a corporation incorporated for the purpose of the construction business of steel reinforced concrete, etc., and Defendant A is the representative director of Defendant B.
(a) No person who is a defendant shall employ a foreigner who does not have the status of sojourn eligible for employment activities;
Nevertheless, from November 28, 2016 to February 20, 2017, the Defendant employed the citizen G (56 years) of the Republic of Korea of the Republic of China (56 years) who was illegally staying in the Republic of Korea at the site of new construction of Eunpyeong-gu Seoul F, Seoul.
B. Defendant B, a representative director, employed a foreigner who did not have the status of sojourn eligible for employment as above in relation to the Defendant’s business at the same date, time, and place as Paragraph A (a).
2. Determination
A. Article 94 Subparag. 9 of the Immigration Control Act provides that “Any person who employs a person who does not have the status of sojourn eligible for employment in violation of Article 18(3) shall be punished,” and Article 18(3) shall not employ any foreigner who does not have the status of sojourn eligible for employment, as prescribed by Presidential Decree.
Article 94 subparagraph 9 of the Immigration Control Act does not provide for a separate provision that all those who act on behalf of a business owner with respect to matters concerning foreign workers. Article 99-3 of the Immigration Control Act provides for both penalties that punishs a business owner who employs a foreigner who does not have the status of sojourn eligible for employment activities. However, in the case of a corporation, the company is not the representative director, but the company is subject to the above provision, and the penal law should be strictly interpreted in accordance with the principle of statutoryism, barring special circumstances. The legislative intent of the Immigration Control Act and the employment of foreign workers are restricted.