Causing Illegal Employment of a Foreigner Case in Japan
Mr. A runs a massage shop in Japan.
But the shop is poorly managed and the numbers of the employees are decreasing.
Mr. A thought through the ways to hire new employees without spending much money, then he decided to hire foreigners.
He made contact to a man who brokers deals between shops and foreigners.
But as the brokerage and salaries are not so high, statuses of residence of those foreigners are temporary stay and they did not get permissions for other activity.
Several months later, Mr. A got arrested by the police on a charge of Causing Illegal Employment of a Foreigner.
The case stated above is fiction based on an actual story.
We are going to explain about Causing Illegal Employment of a Foreigner cases.
About Penalties and Regulations on Causing Illegal Employment of a Foreigner Cases in Japan
Causing Illegal Employment of a Foreigner becomes a violation of Immigration Control and Refugee Recognition Act.
Article 73-2 (1) of Immigration Control and Refugee Recognition Act stipulates that a person falling under any of the following items is to be punished with imprisonment for not more than 3 years or a fine not exceeding 3 million yen, or is to be subject to the cumulative imposition of imprisonment and a fine.
Then, article 73-2 (1) (i) of Immigration Control and Refugee Recognition Act stipulates that a person who has a Foreign National engage in illegal work in connection with business activities.
The term “illegal work” is defined in article 73-2 (2) of Immigration Control and Refugee Recognition Act.
The term “in connection with business activities” includes preparation for the business activities as well, which means in Mr. A ‘s case Causing Illegal Employment of a Foreigner could be established even if those foreigners hadn’t worked as massagers.
Criminal Defense Attorneys for Causing Illegal Employment of a Foreigner Cases in Japan
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Those who got arrested or questioned by the police, please contact AICHI Criminal Cases Law Firm which has dealt with many criminal cases.