Yomiuri Shimbun article (2024/12/28)
A job posting on social media “Would you like to work in accounting?” actually turned out to be security guard work… 29 Vietnamese suspected of doing simple labor reports on the indictment of an Gyoseishoshi involved in illegal employment.
Article summary
On the 27th, the Osaka Prefectural Police arrested the president of a security company (41) and an employee of a real estate company (28) in Nishinari Ward, Osaka City, on charges of violating the Immigration and Refugee Control Act (aiding and abetting illegal employment) for making 29 Vietnamese people do simple labor outside of their visa status. The two men are said to have pretended to have employed the Vietnamese people at the real estate company with “Engineer/Specialist in Humanities/International Services (Technical Persons)” visa status, but in reality they had them work at the security company. At least 60 Vietnamese people were allegedly working illegally at the security company, and the prefectural police have also referred documents to the public prosecutor’s office of an Gyoseishoshi (46) involved in the false applications.
Charges that can be imposed
1.Crime of encouraging illegal employment
Legal basis
Immigration Control and Refugee Recognition Act (Immigration Act), Article 73-2.
Actus Reus
This can be achieved by doing any of the following:
- Using illegal foreign workers in one’s own business.
- Recruiting illegal foreign workers for someone else’s business.
- Assisting illegal foreigners in engaging in illegal employment activities.
“Illegal employment” refers to the work activities of foreign nationals who meet any of the following criteria:
- Labor by foreigners without resident status.
- Working as an activity that goes beyond the scope of your residence status (unauthorized activities).
Penalties
- Imprisonment for up to three years or a fine of up to 3 million yen.
- Or a combination of these.
Points
- It is necessary to engage in the act knowing that it is illegal employment.
- In serious cases or when involved for profit, severe penalties will be imposed.
2.Facilitating the illegal acquisition of residence status for profit
Legal Basis
Immigration Control and Refugee Recognition Act (Immigration Act), Article 74-6.
Actus Reus
Any of the following actions, carried out for commercial purposes:
- Preparing false documents to apply for a residence status.
- Assisting another person in fraudulently obtaining a residence status.
A “false application” refers to the act of obtaining status of residence based on false information when in fact the conditions for that status are not met.
Penalties
- Imprisonment for up to three years or a fine of up to 3 million yen.
- Or a combination of these.
Points
- “Commercial purpose” is a required.
- Social responsibility is particularly important when carried out in a professional capacity, such as by a Gyoseishoshi.
Similarities and differences between the two
| Crime of encouraging illegal employment | Crime of facilitating the illegal acquisition of residence status for profit | |
| Target act | Assisting illegal employment | Assisting in the fraudulent acquisition of residence status |
| Purpose | Facilitating illegal employment | Fraudulent acquisition of residence status (for profit purposes) |
| Necessity of commercial purpose | No need | Required |
| Legal basis | Immigration Act Article 73-2 | Immigration Act Article 74-6 |
| Penalties | Imprisonment for up to three years or a fine of up to 3 million yen | Imprisonment for up to three years or a fine of up to 3 million yen |
| Social impact | Disruption of the labor market and violation of the rights of foreigners | Destruction of immigration control system and loss of international credibility |
These crimes are important provisions aimed at preventing foreigners from working illegally or obtaining residence status illegally. In particular, when professionals (e.g. administrative scriveners) are involved, they are considered to be highly malicious and will be subject to severe penalties.