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(영문) 부산지방법원 2017.05.24 2017고단1808
직업안정법위반등
Text

Defendant

A Imprisonment with prison labor for one year and for four months, respectively.

However, as to the Defendants, this case is against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

(a) No person shall arrange or solicit the employment of any foreigner who does not have the status of sojourn eligible for engaging in illegal employment activities, and shall not engage in a business providing paid employment brokerage services without registering with the competent authority;

Nevertheless, from September 2016 to February 2017, Defendant A introduced, without registering the construction site of the new apartment building D in Ulsan-gu, Ulsan-si, and paid job placement service, to B who actually run the subcontractor in the above construction work, and had B be employed as a type of molded 45,00 won among the 15,000 won per day, Defendant A received the introduction fee from the above Vietnam in the way of deducting the maximum of 15,000 won per day from B from the above 15,00 won.

As a result, Defendant A arranged the employment of foreigners who do not have the above status of sojourn eligible for employment activities, and provided a fee job placement service without registering it.

(b) An illegally staying foreigner may stay in the Republic of Korea within the scope of his/her sojourn status and sojourn period.

Nevertheless, on February 14, 2014, Defendant A entered the Republic of Korea with the status of non-professional employment (E-9) sojourn around February 14, 2014, and continued to stay even after the period of sojourn expired on June 16, 2015.

As a result, Defendant A stayed in excess of the scope of the above sojourn status or the period of stay.

2. Although Defendant B was not allowed to employ a foreigner who does not have the status of sojourn eligible for job-seeking activities, Defendant B employed each of the above eight Vietnames on the condition that he would pay KRW 15,000 per day, who did not have the status of sojourn eligible for job-seeking activities between September 2016 and February 25, 2017.

As a result, Defendant B has the above status of sojourn eligible for employment activities.

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