Defendant

A shall be punished by a fine for negligence of KRW 6,000,000, and by a fine of KRW 4,000,000.

Defendant

A above.

Punishment of the crime

Defendant

A is the representative of the Company B, which is a worker dispatch company, and the defendant B is a corporation established by the defendant A for the dispatch of workers.

No person shall employ a person who has no status of sojourn eligible for employment activities.

[2013 High Court Decision 1569]

1. Defendant A paid 50,000 won per day on November 14, 2012 to China (D students, South Korea, and F-1) who did not have the status of stay eligible for legitimate job-seeking activities.

2. Defendant B, as above, employed a foreigner who has no status of sojourn available for A, a representative director with respect to the Defendant’s business.

[2013 High Court Decision 1544]

3. Defendant A employed each of the 12 days from February 23, 2013 to March 6, 2013, G (H, female), I (J, female), K (L), M (N, female), andO (P, female) as illegal for each of the 13 days from March 6, 2013, respectively.

4. Defendant B, as seen above, employed six foreigners who had no status of sojourn available for A, the representative director for the Defendant’s business.

Summary of Evidence

[2013 High Court Decision 1544]

1. Defendant's legal statement;

1. Each immigration offender or accusation, each written statement of employment [2013 High Court 1569];

1. Defendant's legal statement;

1. Accusation against each immigration offender, notification on details of industrial accident occurrence of foreign workers, and application of statutes governing registered foreigners;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act; Article 94 subparagraph 2 of the same Act; Article 99-3 subparagraph 9 of the same Act; Articles 94 subparagraph 9 and 18 (3) of the same Act; and Article 18 (3) of the same Act;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Article 334 (1) of the Criminal Procedure Act, each of the orders for provisional payment;