Defendant shall be punished by a fine of KRW 9,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[2018 High Court Decision 1036] The Defendant is a person who operates “C” in Yangsan-si B.

If a foreigner intends to be employed 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 any person who has no such status of sojourn.

Nevertheless, the Defendant employed three persons as indicated in the attached list 1 of crimes, including employment of Kazaktan who did not obtain the status of stay from September 10, 2017 to May 28, 2018, in the above workplace.

[2019cc. 2] The Defendant is a person who operates the “C” in Yangsan-si B.

If a foreigner intends to be employed 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 any person who has no such status of sojourn.

Nevertheless, the Defendant employed four persons as shown in attached Table 2, including employment of Indian E, who did not obtain the status of stay from November 3, 2017 to February 27, 2018, in the above workplace, from around November 3, 2017.

Summary of Evidence

[2018 High Court Decision 1036]

1. Defendant's legal statement;

1. Written statements of D, F and G;

1. Accusation of an immigration offender, and a notice of decision on examining an immigration offender;

1. Certificates of foreign employment (2019 fixed-term2);

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of H by the police;

1. A copy of the statement of H;

1. A written statement and statement of the foreigner employed by the defendant;

1. A written accusation or a written notice of decision on examining each immigration offender;

1. Application of Acts and subordinate statutes governing foreign employment certificates;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Fine) concerning the applicable criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;