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| TITLE | Supreme Court Decision 2008Do7724 Decided March 10, 2011[Violation of the Immigration Control Act] [full Text] |
|---|---|
| Summary | |
| [1] Whether an investigation is to be deemed unlawful retrospectively in case where a general judicial police officer conducts an investigation before a complaint or accusation is filed against an immigration offender by the head of the immigration control office or others (negative in principle) [2] Whether an investigation is to be deemed unlawful retrospectively in case where a general judicial police officer conducts an investigation without delivering a person violating immigration law to the head of the immigration control office or others who have exclusive indictment authority (negative) [3] A case affirming the judgment below, that held that the Provincial Police Agency's investigation did not render the investigations conducted by the Provincial Police Agency and the prosecutor's office unlawful or a violation of the indictment procedures or otherwise invalid against the law just because it conducted the investigation without a due accusation being filed or without promptly delivering the case to the head of the immigration control office, in case where the defendant was indicted due to a violation of the former Immigration Control Act for hiring foreigners without a status of sojourn | |


