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(영문) 서울남부지방법원 2016.10.12 2016고정210
출입국관리법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the commissioned educational company B.

Any foreigner who intends to find a job in the Republic of Korea shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and shall not employ any person who has no status of sojourn eligible for employment activities.

Nevertheless, around October 21, 2013, the Defendant employed Chinese nationals D-2 (school study) who were eligible to be employed in the office No. 506 of Geumcheon-gu Seoul Building A, Geumcheon-gu, on condition that they pay 40,000 won per hour, and during the period from around that time to February 28, 2014, the Defendant provided 2-3 Chinese language lectures to employees in E during the period from February 28, 2014.

Accordingly, the defendant employed a foreigner who has the status of non-employment status.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Accusation of an immigration offender;

1. Application of a written confirmation on employment of foreigners (A), a registered foreigner card (D) statute;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the Act on the Selection of Punishment, etc. concerning the relevant criminal facts, the selection of fines;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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