Introduction: Recent Illegal Employment Case in Hyogo Prefecture

On April 9, 2026, the Kakogawa Police Station and the Foreign Affairs Division of the Hyogo Prefectural Police arrested a 36-year-old construction business operator from Kobe City’s Nishi Ward on suspicion of violating immigration law (facilitating illegal employment).

The suspect allegedly employed two Vietnamese nationals, aged 29 and 24, whose residence periods had expired, as workers at a materials storage site in Inami Town from last summer through March of this year. The arrested individual is believed to have conspired with two other men in their 20s and 40s to facilitate this illegal employment.

This case highlights a significant risk that many companies face in modern Japan, where foreign workers have become an integral part of the workforce. Particularly in industries facing severe labor shortages—such as construction, manufacturing, and services—employing foreign workers has become essential. However, this also brings increased legal risks.

In this article, we will analyze this case from an immigration specialist’s perspective (gyoseishoshi) specializing in visa applications and status of residence procedures. We aim to provide essential information for foreign residents in Japan and for business owners and HR personnel who employ foreign workers.

What is the Offense of Facilitating Illegal Employment?

The offense of facilitating illegal employment is stipulated in Article 73-2 of the Immigration Control and Refugee Recognition Act.

The law provides that: “Any person who falls under any of the following items shall be punished by imprisonment with work for not more than three years or a fine of not more than three million yen, or both.”

Specifically, the following three types of conduct are subject to punishment:

  1. A person who, in relation to business activities, causes a foreign national to engage in illegal employment activities
  2. A person who places a foreign national under their control for the purpose of causing them to engage in illegal employment activities
  3. A person who, as a business, mediates the acts mentioned in items 1 or 2

The current case falls under item 1. The penalties are severe: imprisonment of up to three years, a fine of up to three million yen, or both.

Importantly, while this is an “intentional crime,” employers have a “duty to verify” the immigration status of their employees. This means that excuses like “I didn’t know” or “I was deceived” will generally not be accepted as a valid defense.

Three Patterns of Illegal Employment

Illegal employment can be broadly categorized into three patterns:

Pattern 1: Employment of Illegal Residents This occurs when foreign nationals without valid status of residence (such as those who have overstayed their visas) work in Japan. The current case falls into this category.

Pattern 2: Activities Outside Permitted Scope This involves foreign nationals with status of residence that does not permit employment (such as “Student” or “Dependent”) working without obtaining permission to engage in activities outside their status of residence, or exceeding the permitted hours (typically 28 hours per week).

Pattern 3: Employment Outside Permitted Fields This occurs when foreign nationals with status of residence limited to specific types of work engage in unauthorized activities. For example, someone with “Engineer/Specialist in Humanities/International Services” status performing unskilled manual labor.

In all these cases, employers can be charged with facilitating illegal employment.

Employer’s Duty to Verify: What Should Be Checked?

When employing foreign nationals, employers have a legal duty to verify certain information. Specifically, the following items should be verified:

1. Residence Card Verification The residence card is issued to mid-to-long-term residents and certifies their status of residence in Japan. Employers should verify the following:

  • Expiration date (period of stay): Ensure it has not expired
  • Name, date of birth, nationality: Confirm identity
  • Type of status of residence: Is employment permitted?
  • Employment restrictions: Check for notations like “No employment permitted” or “Employment restricted”

2. Verifying Authenticity of Residence Card Counterfeit residence cards do exist. The Immigration Services Agency of Japan provides an online verification system called “Inquiry on Invalidated Residence Card Numbers” where you can enter a residence card number to verify its validity.

Residence cards also incorporate several anti-counterfeiting features:

  • Embedded IC chip
  • Hologram
  • Special ink
  • Characters visible under light

3. Types of Status of Residence Permitting Employment There are approximately 30 types of status of residence, but only certain ones permit employment. Major categories permitting work include:

  • Engineer/Specialist in Humanities/International Services: Professional or white-collar work
  • Skilled Labor: Chefs, construction technicians, etc.
  • Specified Skilled Worker: Work in labor-shortage sectors
  • Technical Intern Training: Training under approved plans
  • Highly Skilled Professional: Personnel with advanced knowledge or skills
  • Business Manager: Company executives
  • Permanent Resident, Spouse of Japanese National, Long-term Resident: No employment restrictions

4. Verification of Permission for Activities Outside Status of Residence Even foreign nationals with status of residence that does not permit employment (such as students or dependents) can work within certain limits (typically 28 hours per week) if they have obtained “permission to engage in activity other than that permitted under the status of residence previously granted.”

If such permission has been granted, the back of the residence card will state something like “Permission granted: Up to 28 hours per week in principle, excluding employment in the entertainment and amusement business.”

5. Regular Verification It’s important to verify status of residence not only at the time of hiring but also periodically during employment. Some employees may forget to renew their status, so we recommend checking three months before the expiration date.

Key Lessons from This Case

From this Hyogo Prefecture case, we can draw several important lessons:

Lesson 1: “I Didn’t Know” Is Not a Valid Defense Employers have a duty to verify status of residence. Even if an employee says “It’s okay,” this does not exempt the employer from their verification obligations.

Lesson 2: Accomplices Are Also Punished This case mentions that besides the arrested individual, there were alleged accomplices in their 20s and 40s. Not only direct employers but also introducers and intermediaries can be subject to punishment.

Lesson 3: Construction Industry Requires Special Attention The construction industry often has multi-layered contracting structures (prime contractors, subcontractors, sub-subcontractors), making it difficult to track where foreign workers enter the chain. However, businesses directly utilizing the workers are not exempt from verification duties.

Lesson 4: Arrested Foreign Nationals Are Not Necessarily Victims The two Vietnamese nationals prosecuted for illegal residence are also legally considered offenders. However, in many cases, they have fallen into such situations due to lack of information or economic hardship.

Lesson 5: Early Detection and Response Are Critical If issues with an employed foreign national’s status of residence are discovered, immediately consult with specialists and take appropriate action. Ignoring the problem out of fear will only make matters worse.

Preventive Measures Companies Should Take

To minimize legal risks in employing foreign nationals, here are specific preventive measures companies should implement:

1. Thorough Pre-employment Verification

  • Verify the original residence card (copies are insufficient)
  • Check using the Immigration Services Agency’s online system
  • Have specialists (such as gyoseishoshi) conduct verification when necessary

2. Establish Internal Compliance Systems

  • Designate a foreign employment management supervisor
  • Create a residence period management ledger
  • Implement an alert system three months before expiration dates

3. Employee Education

  • Conduct basic training on the status of residence system
  • Communicate the importance of renewing residence status
  • Create an environment where employees feel comfortable seeking consultation

4. Collaboration with Specialists

  • Contract with a consulting gyoseishoshi
  • Conduct regular status of residence audits
  • Establish a system for prompt consultation when issues arise

5. Notification to Hello Work When employing foreign nationals, notification to Hello Work (Public Employment Security Office) is mandatory under the Employment Measures Act. Don’t forget to comply with this requirement.

Supporting Status of Residence Renewal: What Employers Can Do

To properly maintain foreign employees’ status of residence, employers can take the following actions:

1. Track Renewal Deadlines and Provide Reminders Renewal applications can be submitted starting three months before the expiration date. Remind employees well in advance.

2. Support Preparation of Required Documents Renewal applications require documents issued by employers:

  • Certificate of employment
  • Salary statements and tax withholding certificates
  • Company registration certificate
  • Financial statements

Establish systems to prepare these documents smoothly.

3. Financial Support for Application Fees Status of residence renewal costs 4,000 yen in fees. If hiring a gyoseishoshi, additional professional fees apply. Some companies cover all or part of these costs to ensure reliable renewal.

4. Accompanying Employees to Applications or Proxy Application If employees feel anxious about going to immigration alone, having HR personnel accompany them or arranging proxy applications through a gyoseishoshi can be effective.

What If Illegal Employment Is Discovered?

If you discover that a foreign employee is in a state of illegal employment, how should you respond?

1. Immediately Stop Employment Upon discovery, immediately cease the employment. Continuing even “until the end of the month” makes it easier to establish intent for facilitating illegal employment.

2. Consult with Specialists Promptly consult with a gyoseishoshi or lawyer for legal advice. Depending on circumstances, changing or renewing status of residence may be possible.

3. Consult with Immigration Services Agency Voluntarily consulting with immigration authorities may lead to a determination of lower culpability.

4. Appropriate Handling of Employees The employee in illegal employment status may have been working sincerely until that point. While proceeding with legal procedures, don’t forget humanitarian considerations.

5. Implement Recurrence Prevention Measures Review your verification systems and thoroughly implement measures to prevent recurrence.

Message to Foreign Residents in Japan: Protecting Your Status of Residence

For foreign residents reading this article, here’s what you need to know to protect your status of residence:

1. Strictly Observe Your Period of Stay Always apply for renewal before your period of stay expires. Forgetting to renew results in overstaying (illegal residence), and in the worst case, deportation.

2. Fully Understand Your Employment Restrictions Fully understand what work you can and cannot do under your status of residence. If unclear, consult with immigration or a gyoseishoshi.

3. Cooperate When Companies Request Residence Card Copies This is part of the company’s verification duty. Please cooperate.

4. Exercise Caution When Changing Jobs Depending on your status of residence type, you need to confirm whether the work content at your new employer matches your status. If uncertain, consult with specialists before changing jobs.

5. Seek Consultation When in Trouble If you have concerns or anxieties about your status of residence, do not handle them alone—consult with specialists early. Many gyoseishoshi offices offer multilingual consultation services.

Conclusion: Proper Foreign Employment Protects Both Companies and Employees

This illegal employment facilitation case in Hyogo Prefecture demonstrates how serious a lack of knowledge or insufficient verification regarding foreign employment can lead to severe consequences.

Foreign workers are essential contributors to Japan’s economy. As Japan’s population ages and declines, utilizing foreign talent will become increasingly important.

However, only through proper procedures and management can we build win-win relationships that benefit both companies and foreign employees.

“Is it okay to hire this person?” “I don’t understand how to read residence cards.” “How should I support renewals?” “I’m worried about the status of residence of current employees.”

If you have such concerns or questions—whether you’re a business owner, HR personnel, or a foreign resident in Japan—please feel free to consult with specialists.

Gyoseishoshi specializing in visa applications and status of residence procedures support “proper foreign employment” and “creating environments where people can work with peace of mind.”

With correct knowledge and appropriate procedures, we can avoid legal risks and create workplaces where foreign talent can demonstrate their abilities with confidence. This leads to corporate growth and the realization of a multicultural society.

Reference Article: https://news.yahoo.co.jp/articles/920c0b3158419fa1a5c1c18299e64fc471a9be5f

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