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(영문) 부산지방법원 2021.02.24 2021고단33
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Basic Facts] The Defendant is an alien of Indonesia’s nationality who is a seafarer of “B” vessel, a deep-sea fishing vessel of Korean nationality.

On November 16, 2020, the Defendant was scheduled to enter the Republic of Korea through the Incheon Airport to embark on the said “B” vessel at the port located in the Busan Saro or 19, subject to isolation period of 14 days related to “B”, but around that time, the Defendant was unable to enter the Republic of Korea after having been sealed in the Republic of Korea and to find a job, and was in the absence of boarding the said vessel. However, the Defendant was in the situation where he was on board the said “B” vessel after undergoing the departure inspection by a public official of immigration control of the Republic of Korea around December 5, 2020 on the wind that the said vessel could not escape at the isolation facility.

[Criminal facts]

1. If a foreigner violating the Immigration Control Act due to smuggling intends to enter the Republic of Korea, he/she shall submit his/her passport and entry report to an immigration control official to undergo an entry inspection at the immigration port as prescribed by the Enforcement Decree of the Immigration Control Act;

Nevertheless, the Defendant, as seen above, had entered the Republic of Korea and had been employed, and had left the Republic of Korea without an entry inspection by immigration control officials, using a bridge connected to other land in which the surveillance of the employees of the said “B” vessel was neglected on December 6, 2020, and went away from the said vessel without permission, and later had entered the Republic of Korea without an entry inspection by immigration control officials, such as moving the residence of the “E”, which is the place of residence of the “E”, from the Changwon-si, which is the place of residence of the taxi.

2. If a foreigner violating the Immigration Control Act in connection with illegal employment 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 the Enforcement Decree of the

Although the Defendant did not have obtained the status of stay that allows the Defendant to engage in job-seeking activities as stated in paragraph 1, the Defendant is operating H in Changwon-si G from December 9, 2020 to December 11, 2020.

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