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(영문) 수원지방법원 성남지원 2020.05.13 2019고단3243

근로기준법위반등

Text

Each of the instant public prosecution against the Defendants is dismissed.

Reasons

1. As stated in the facts charged of this case

(However, the suspect is the defendant)

2. Determination

(a) Provisions of applicable provisions to facts in prosecution: Articles 109(1) and 36 of the Labor Standards Act; Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act; Articles 30, 40, 37, and 38 of the Criminal Act;

(b) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. According to the records, each written withdrawal of a complaint to the effect that workers C and D’s Defendants are not subject to criminal punishment is recognized as having been submitted to this court on December 2, 2019 and November 25, 2019 after the institution of the complaint.

Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act