Text
Defendant
A shall be punished by imprisonment with prison labor for eight months, and by a fine of five million won for Defendant B.
except that this judgment.
Reasons
Punishment of the crime
Defendant
A is the representative director of the defendant corporation B in Yangsan City, and the defendant corporation B is a corporation established for the purpose of manufacturing automobile parts.
1. Defendant A
(a) When intending to employ a foreigner, a person having the status of sojourn eligible for employment activities in the Republic of Korea shall be employed;
Nevertheless, from August 2016 to February 2018, the Defendant employed 12 foreigners who did not have the status of stay to engage in job-seeking activities as shown in the attached Table 1 from August 2016 to February 2018, including employment of D of the fatherland nationality who did not have a legitimate status of stay to engage in job-seeking activities.
(b) When intending to employ a foreigner, the foreigner who has not obtained the permission to change or add his/her workplace shall not be employed;
Nevertheless, from August 2016 to February 2018, the Defendant employed Cambodia E without obtaining permission to change the pertinent company’s place of work and obtaining additional permission.
2. Defendant B, a representative, committed the act of violation as described in paragraph (1), at the time, place, and place described in paragraph (1).
Summary of Evidence
1. Defendant A’s legal statement
1. Police suspect interrogation protocol regarding F;
1. Detailed inquiry into entry or departure records, and current entry or departure status;
1. A written accusation against an immigration offender;
1. Business registration certificate and certified copy of the register;
1. Application of Acts and subordinate statutes to each investigation report (verification of qualification for employment of foreigners for the accused, submission of suspect, lease of facilities and copy of service contract);
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Each of the items of Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the Immigration Control Act (the employment of foreigners who are not eligible for stay), Article 95 subparagraph 6 of the Immigration Control Act, Article 21 (2) of the Immigration Control Act (the employment of foreigners who do not obtain permission to change their place of business or permission to add),
B. Defendant.