Text
Defendants shall be punished by a fine of three million won.
Defendant
If A does not pay the above fine, it shall be 100,000 won.
Reasons
Punishment of the crime
Defendant
B Co., Ltd. is a corporation established for the purpose of producing and selling plastics(s) in Asan City for the purpose of plastic-related manufacture and sales, etc., and Defendant A is the representative director of the said corporation.
If a foreigner intends to find an employment in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ a person who has no status of sojourn eligible for the said employment activities.
1. Nevertheless, Defendant A promised to pay monthly salary of KRW 1.5 million and employed as production workers between December 11, 2017 and January 22, 2018, the Defendant employed D (B-1) who is a mother country holding qualification (B-1) at the rate of monthly salary of KRW 1.5 million.
2. Defendant B, as indicated in the preceding paragraph, committed a violation against A, a representative director, regarding his business.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on accusation to immigration offenders;
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: Article 94 subparag. 9 of the Immigration Control Act, Article 18 subparag. 3 of the Immigration Control Act, and the selection of fines
(b) Defendant Company B: Subparagraph 2 of Article 99-3, Article 94 Subparag. 9, and Article 18 Subparag. 3 of the Immigration Control Act;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);
1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;