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(영문) 부산지방법원 동부지원 2019.11.29 2019고단1690
출입국관리법위반
Text

Defendant

A shall be punished by a fine of KRW 5,000,000, and by a fine of KRW 3,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of the corporation B in Kim Sea-si, and the defendant corporation B is a corporation established for the purpose of general waste recycling business.

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

Nevertheless, from July 20, 2019 to August 20, 2019, the Defendant employed D, an unborn country, who did not have the status of sojourn eligible for employment in the Republic of Korea, and performed waste disposal work. In addition, from June 10, 2019 to August 20, 2019, the Defendant employed seven Thailand, who did not have the status of sojourn eligible for employment as shown in the attached list of crimes, from June 10, 2019 to August 20, 2019.

2. Defendant B’s representative, Defendant B, committed a violation described in paragraph (1) in relation to the Defendant’s business from June 10, 2019 to August 20, 2019.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of Acts and subordinate statutes to accusation immigration offenders, such as photographs of exposed foreigners, certificates of employment of foreigners, internal investigation reports (7 persons of birth and sojourn reports), detailed inquiries into and out of entry into and departure from the Republic of Korea, statements, business registration certificates, corporate registration certificates, investigation reports (including the details of employment of suspects and the status of wages of foreign workers), investigation reports (including

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Fines): Each of the subparagraphs 2, 94 subparagraph 9, and Article 18 (3) of the Immigration Control Act (Selection of Fines): Article 99-3 subparagraph 9 of the Immigration Control Act, and 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: The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is likely to obstruct the normalization of the employment market and promote the illegal stay of foreigners.

The defendant employs a foreigner, and the details, period and number of persons, and the same criminal records.

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