Ruling finds company executive director guilty of helping an undocumented worker who committed a crime escape

Who this helps

Useful for people wondering how an employer's actions are judged when an undocumented worker who committed a crime is sought by police.

Case overview

Court

Daegu District Court

Posted on original board

Sep 23, 2016 (Fri)

Topic

Criminal Cases

Original title (Korean)

불법체류자의 고용인인 피고인이 범죄를 저지른 불법체류자의 도주를 도운 사안에서 범인도피죄를…

The defendant was an executive director of ○○ Industry. The offender was an undocumented worker who lived in the company dormitory and worked at the factory, and the defendant knew this person well. When police officers came to the factory looking for the offender, the defendant lied, saying in effect that the defendant did not know the offender at all. The defendant also paid the offender wages.

Is it a crime to lie to police and pay wages to an undocumented worker who committed a crime?

The defendant was an executive director of a company and knew well the undocumented worker who lived and worked in the dormitory. When police officers came to the factory looking for the offender, the defendant lied, saying in effect that he did not know the person at all. He also paid the person wages. The court held that giving false statements and paying wages so the offender could escape amounted to helping an offender escape.

How the court ruled

The court found that the defendant's act of making false statements to the police officers and paying wages, which enabled the offender to escape, constitutes the crime of helping a criminal escape.

What to check in a similar situation

Details of the procedure and the legal provision applied in this kind of case can be confirmed with the courts and investigative authorities. Residence-related matters can be confirmed with immigration and foreigner offices.

• Find support centers
• Emergency phone numbers
• Contacts: Korea Legal Aid Corporation 132

Terms explained

helping an offender escape

A crime of helping a person who committed an offense avoid investigation or arrest.

undocumented worker

A foreign national who stays in Korea beyond the permitted status or period of stay.

defendant

The person who is tried in a criminal case on the charge of having committed a crime.

More rulings on this topic

• Ruling sentencing a defendant to 1 year in prison for illegal entry, illegal stay and aiding another person's illegal entry · Busan District Court
• Students' submission of bank balance certificate found to be an application by improper means · Seoul Eastern District Court
• Court upholds departure order for foreign national fined for drunk driving · Daegu District Court

See all 28 rulings on Criminal Cases →

Frequently asked questions

Who was tried in this case?

The defendant was an executive director of a company. He was tried for helping an undocumented worker, who lived and worked in the dormitory, to escape.

How did the court rule?

It held that lying to the police officers and paying wages so that the offender could escape amounted to helping an offender escape.

Does this result apply as is to similar cases?

No. It is a ruling on the facts of this case and cannot be said to apply as is to other cases.