beta
(영문) 서울북부지방법원 2017.08.08 2017고정1006

근로자퇴직급여보장법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is as stated in the separate sheet of the facts charged (Provided, That the part indicated as “suspect” among the facts charged in the separate sheet is corrected to be “Defendant”). 2. The judgment is a crime falling under Articles 109(1) and 36 of the Labor Standards Act (in the case of unpaid wages), Articles 44 subparag. 1 and 9 of the Labor Standards Act (in the case of unpaid wages), and Article 109(2) of the Labor Standards Act (in the case of unpaid wages) of the Labor Standards Act, and Article 44 of the Act on Guarantee of Workers’ Retirement Benefits (in the case of unpaid wages), a public prosecution may not be instituted against the victim’s explicit intent.

In this regard, according to the written agreement bound in the trial records, the victim has withdrawn his/her wish to punish the defendant on July 7, 2017, which was after the prosecution of this case.

Accordingly, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.