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(영문) 광주지방법원해남지원 2020.08.13 2020고단128
출입국관리법위반
Text

Defendants shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

B A stock company is a corporation established for the purpose of carrying out metal structure construction business, etc. with an office in Jeonsung-gun C, and Defendant A is a person employed by Defendant B, who takes overall control of the construction site of the structure in Jeonnam-gun D.

1. The defendant A shall not employ any foreigner who has no status of sojourn eligible for employment activities;

Nevertheless, from the early May 2019 to the early July 2019, the Defendant served as an on-site agent at the construction site of structure installation among EPC supply contracts for EPC development projects in Vietnam, and provided 30,000 won per day to the above construction site, such as F of Vietnam’s nationality and F of F, which did not have the status of stay to work.

2. Defendant B, who is an employee, employed a foreigner who does not have a legitimate status of sojourn for the Defendant’s work, as described in paragraph (1), at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Employment certificates for each foreign worker;

1. Notification of detection of illegal employment of foreign workers;

1. Registered foreigners card;

1. A statement of payment of labor expenses for workers B;

1. Appointment and succession of field agents, and application of Acts and subordinate statutes of employment certificate;

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 2 of the same Act; Article 94 subparagraph 9 of the same Act; Article 18 (3) of the same Act;

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

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: employment of foreigners who do not have the status of sojourn eligible for employment activities on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act.

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