Sentences in a Case of Employing Several Foreigners Without Work-Eligible Resident Status

Who this helps

This may help people curious about what sentences were given in a case of employing foreigners who had no resident status allowing work.

Case overview

Case number

2014고단3826

Court

Ulsan District Court

Posted on original board

Apr 13, 2015 (Mon)

Topic

Criminal Cases

Original title (Korean)

2014고단3826 출입국관리법위반

This is a case of violating the Immigration Act. Defendants 1, 2 and 3 are said to have employed several foreigners who did not hold a resident status that permits employment activities. Defendant 4 was also sentenced.

What sentences were given for employing foreigners without a work-eligible resident status?

This was a case under the Immigration Act. Defendants 1, 2 and 3 were accused of employing several foreigners who did not hold a resident status that allows work. The court sentenced each of them to 8 months in prison, suspended for 2 years, plus 120 hours of community service. Defendant 4 was sentenced to a fine of 6 million won.

How the court ruled

Defendants 1, 2 and 3 were each sentenced to 8 months in prison, suspended for 2 years, and 120 hours of community service. Defendant 4 was sentenced to a fine of 6,000,000 won (KRW). Defendant 4's offense is described as a concurrent offense under the latter part of Article 37 of the Criminal Act.

What to check in a similar situation

Which activities a foreign national's resident status allows can be checked with immigration and foreigner offices. The progress of a case can be checked with the court concerned.

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• Contacts: Korea Legal Aid Corporation 132

Terms explained

Resident status

A status that sets what activities a foreign national may do while staying in Korea. In this case, the people hired had no status allowing work.

Suspended sentence

A prison term is handed down, but its execution is put on hold for a set period instead of sending the person to prison right away.

Community service

Unpaid work for society for a set number of hours. Here it was ordered together with the sentences of defendants 1, 2 and 3.

Concurrent offenses

A relationship in which several crimes are tried together. The ruling records that defendant 4 was in such a relationship under the latter part of Article 37 of the Criminal Act.

More rulings on this topic

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• Court upholds departure order for foreign national fined for drunk driving · Daegu District Court

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Frequently asked questions

Who received which sentence in this case?

Defendants 1, 2 and 3 each received 8 months in prison, suspended for 2 years, and 120 hours of community service. Defendant 4 received a fine of 6 million won.

What was the case about?

It was an Immigration Act case. It concerned employing several foreigners who did not have a resident status allowing work.

Does this result apply as is to similar cases?

No. This is the court's decision in that case and does not apply as is to other cases.