The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal, the fact that the defendant employs foreigners as stated in the judgment of the court below can be acknowledged, but the court below acquitted the defendant.

2. The lower court, on the grounds stated in its reasoning, found the employment relationship between the Defendant and the foreigners, solely based on the evidence submitted by the prosecutor.

It is difficult to see

The decision was determined.

In light of the following circumstances found by the evidence duly adopted and examined by the court below, the court below's finding the Defendant not guilty is justified.

① The Defendant consistently stated at the investigation stage that he was employed by a foreign worker who wishes to be employed by the Defendant through an on-site check for two to four hours, and that only one of them was qualified among them. A witness of the lower court also made a statement to that effect (the investigation record 84 pages, 173 pages, and 50 pages of the trial record). The Defendant’s statement that the Defendant’s employment was somewhat proportional and reasonable even in light of the circumstances at the time of the instant case, where the status was not sufficiently understood.

② It is true that the Defendant stated the remuneration for payment, the date of attendance at work, etc. to the effect that he/she employed a foreigner as stated in the lower judgment in a written confirmation of illegal employment brokerage for foreigners (

However, "employment" under Article 18 (3) of the Immigration Control Act is a legal concept.

In light of the fact that the Defendant stated the terms such as “employment”, “work”, and “injection” in the course of investigation, the Defendant appears to have recognized that on-site checks by foreigners as stated in the lower judgment are “work attendance” and entered in the confirmation form as above.

In addition, one employment contract is a bilateral contract, the main contents of which are the provision of labor and payment of remuneration.

final.