beta
(영문) 창원지방법원 2016.09.29 2016고정742

근로기준법위반등

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is as stated in the separate facts constituting the crime (Provided, That the accused is the defendant). 2. The judgment of this case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on Guarantee of Workers’ Retirement Benefits. According to the records, the facts can be revealed that the victimized worker B and C expressed their wish not to punish the accused after the indictment of this case was instituted. Thus, the prosecution of this case is dismissed in entirety pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.