The defendant shall be innocent.

1. If a foreigner in the facts charged of this case intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment as prescribed by the Enforcement Decree of the Immigration Control Act, and no person shall employ any foreigner who has no status of sojourn eligible for employment.

Nevertheless, on August 30, 2019, the Defendant employed 7 foreigners who do not have the status of stay to engage in job-seeking activities at the construction site of the complex construction site in the main city located in Gyeonggi-si, Gyeonggi-do, and employed 7 foreigners who do not have the status of stay to engage in job-seeking activities, such as the list of crimes in the attached Form.

2. Determination

A. Article 94 Subparag. 9 of the Immigration Control Act requires the criminal punishment of “a person who violates the provisions of Article 18(3)” and Article 18(3) of the same Act does not employ a person who does not have the status of stay as provided in paragraph 1.

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Although the Immigration Control Act does not provide for the definition of "employment", in general, the term "employment" means a contract under which one of the parties agrees to provide labor to the other party and the other party agrees to pay remuneration therefor (Article 655 of the Civil Act), and the interpretation of penal laws and regulations must be strict. As such, the meaning of "employment" under Article 18(3) of the Immigration Control Act is not broad interpretation as the "employer" under the Labor Standards Act, but it is reasonable to view that, in principle, a foreigner who has no status of sojourn as a de facto concept, has actually entered into an employment contract with a foreigner on behalf of the other party to the contract or the contract.

If it is intended to evaluate that a foreigner who does not have the status of stay employed by another person is employed by a third party, the owner of the plaintiff does not have the identity of the employer, or the existence of the foreigner.