Easy-to-understand Immigration Act violation case summary
Ⅴ．wrap up（ short sum- mary of up to 5 pages）
I (Nagano), who was the president of the company L company, issued an appointment (informal) to four Chinese (former offenders) by January 2009, but due to the Lehman shock in fall 2008, Has declined sharply, in March 2009, we canceled the planned adoption (informal).
Four Chinese (former offender) who failed to get a job at L company worked at a restaurant that worked part-time in college days even after graduating from college, and in May to June 2010, Immigration Control Act 70 He was arrested in Article 4 (illegal work due to activities other than the status of residence).
However, neither business operator of a restaurant that employed a former offender has been arrested by Article 73 (a crime of promoting illegal employment) specified by the Immigration Control Act and has not received any disposition.
Kin Gungaku (金軍学), who was in charge of recruitment and recruitment, provided "contents false employment employment book" despite not being acting as prescribed in article 2 of Article 73 but without intention to hire himself as a former offender As a result, the primary offender could easily obtain the status of "technology" or "humanities international" status of residence. I was able to live in Japan because I got my status of residence. Because I was able to live in Japan, I was able to work illegally in the offense.
Therefore, the ausal of the penal code of criminal law as "Contents providing false employment contractor and illegal work is obvious" was applied, was arrested in June 2010 and was indicted in July .
I am imprisoned in April 2011 for a prison sentence of 1 year and a half imprisonment and criminal punishment of a fine of 1 million yen and will be dismissed in October 2011 but appealed to the Supreme Court but " Final appeal by the criminal procedure law is not subject to deliberation "was rejected in February 2012.
And in March 2012, she was imprisoned and he was sentenced in March 2013 at the maturity of sentence.
As an accomplice, Kin Gungaku (金軍学) approved the crime, it was not sentenced to imprisonment, but suspended execution and was forcibly repatriated to China at the end of October 2010.
Four former offenders were sentenced to prison for imprisonment for one year and a half by the time of August 2010, but they were forcibly repatriated to China due to the suspension of execution.
In case of
I and the four Chinese former offenders and Kin Gungaku (Gold Military) said that Article 14 (Equality under the Law) paragraph 1 of the Constitution of Japan, "All citizens are equal under the law, race, It is not discriminated on political, economic or social relations by creed, gender, social status or entrance. ",
And, in violation of Article 31 of the Constitution of Japan, in light of "no one can be deprived of its life or freedom, or subject to other punishment unless pursuant to the procedures prescribed by law" Not (see below).
Article 2 (1) (3), Article 4 (1), Article 5 (2), Article 9 (1) of the International Covenant on Citizenship and Political Rights "ratified by Japan (5), Article 13, Article 14 (6), Article 15 (1), Article 16, Article 17, Article 26, which are not subject to any crimes and are falsely charged is.
In the Japanese judicial system, there is a "retrial request system", but for reasons of "application error mistake" it can not be requested, but a crime such as a police officer involved in the incident is confirmed, you can request a retrial.
Police officers, prosecutors, and judges' crimes are obvious. That sin,
Although it did not become any crime, he was arrested and captured, so it is a criminal law "abuse of the official authority of special civil servants".
It is "criminal charges of false charges" of criminal law because it prosecuted for the purpose of impose punishment for false reasons, although it does not become any crime.
So, the Tokyo District Public Prosecutors Office and the Metropolitan Police Department etc. submit as "a complaint letter" for things related to me and "letters of charge" for Chinese and Filipinos, but after submitting many times, the crime is not clear I will not accept it.
Since Japan has given "prosecution monopoly right" to prosecutors, trial can not be made as a criminal case unless the prosecution accepts "indictment" or "accusation letter".
"What crime does not come to mind and is not doing criminal acts"
Japan criminalized foreigners who illegally worked against "illegal employment" under Article 70 of the Immigration Control Act "illegal employment crime" and illegally worked businesses were entrusted to Article 2 of the Immigration Act 73 "Promotion of illegal employment By criminalizing both of them in criminal cases, it is possible to crack down on both sides by equally criminalizing the two, by "the equality under the law" of the Constitution of Japan and the "international law" which prohibits the disposal of foreigners arbitrarily (citizenship and political rights We are legislating not to violate the International Covenant on International Relations.
However, in reality, we do not dispose of illegal workers under "illegal employment promotion crime", but only foreigners who have illegally worked are criminalized under "illegal employment crime" and exiled from abroad.
This is contrary to international law which prohibits foreign discrimination arbitrarily. It is contrary to equality under the law of the Constitution of Japan.
If you do not dispose of businesses with "illegal employment promotion crime" that illegally worked, foreign nationals who were made illegally worked are also innocent (innocent) the logic of law. If so, of course, there is no one to help anyone to work illegally.
In the case that occurred in 2010, I did a criminal act more viciously.
We did not dispose of companies that illegally worked illegally in "illegal employment promotion crime", but only foreigners who illegally worked were fined for "illegal working crimes" and were expelled from abroad,
In order to make it appear as though it seems to have dispose equally, instead of a business operator of "illegal employment promotion crime", in order to make it appear as if it was dispensed evenly, a third party was criminalized, and a foreigner who worked illegally was fined for fine It was a "imprisonment punishment" without expulsion outside the country.
The third party is Kin Gungaku "Gold Military" which was conceived as a complicity with me (Nagano) who provided employment contracts to the primary offenses to be hired.
It is not a "law for promoting illegal employment" which is a special law stipulating aid acts and promoting acts against illegal work created to comply with international law against acts of aiding illegal acts of Chinese,
Illegally provided "False Employment Agreement" so that the status of residence was easily obtained. So I was in Japan. I was illegally working because I was in Japan. I abused the "criminal assault" of the criminal law which is a general law in a causal relationship with.
In case of
As far as I know, not only for us but also for staff members and diplomats from the Philippine Embassy in 2015, "Assassination Crime" has been applied with criminal treatment with similar illegal logic .
Since international law violation is taking place on a daily basis, please urgently respond.
1. The aid for assisting illegal employment is stipulated in Article 2, Article 73 of the Immigration Act, "Special Law", "Crime for Promoting Illegal Employment."
I and KinGungaku (Gold Military University) do not do the act prescribed in "illegal employment promotion crime" so that regular chief officers, police officers, prosecutors can admit.
※ The "counsel" written in the indictment is a violation of the applicable law as it refers to aid acts against the cancellation of the status of residence, which is the administrative penalty described in Article 22-4-4 of the Immigration Control Act .
No employer who hired a former offender has been disposed of as "illegal employment promotion crime" prescribed by Immigration Control Act without disposition.
If so, the former offenders who are hired and forced to work illegally are also equal under law without disposal. Therefore it is not guilty.
If so, that there are no assistants to illegal work, including me.
2. Next, it is said that the provision of "false employment contract" made it easy to acquire the status of residence as a causal relation of application of the "criminal penalty" of criminal law, but it is unjust.
In case of
Although it is said that they got the status of residence easily, the conditions for giving a status of residence are not stipulated by law, the conditions of granting are unpublished, they are given at discretion by the Minister of Justice and have made the status of residence easier I can not say.
Even if you get a status of residence as "content false employment contract", it is separate from illegal employment as stipulated in Article 4-4 of the Immigration Act 22 "Reset of status of residence".
Even if you obtain the status of residence of international or technical skills from the Minister of Justice under "Contents of False Employment Agreement", if you work within the scope of the status of residence of international or technical skills or humanities, you will not become illegal (non-qualified) activities It is a trivial idea. Therefore, acquisition of status of residence and illegal employment have nothing to do with it.
It is self-evident that they were responsible for employers who employed and worked foreigners with status of residence without the qualification to work, as long as they were illegal workers.
Even in the case of the Philippine Embassy in 2014 - 2015, as evidenced by the illegal employers who have been employed illegally, as foreigners who are illegally employed are being arbitrarily criminalized Please relieve in an emergency.
Please urgently respond
The time limit for filing a complaint of "abuse of special public officials' authority for official authority" and "false charges" is imminent.
To the UN High Commissioner for Human Rights, the Japanese government urgently received prosecution and accusations, conducted a fair trial, and apologized to me, Chinese, Filipino, recovery of honor, reparation Please do so as to do.