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(영문) 대구지방법원 2019.05.22 2019고단1419

근로자퇴직급여보장법위반등

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is as indicated in the separate sheet, and it is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and the main text of Article 44(1) and Article 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be discussed against the victim’s express intent under Article 109(2) of the Labor Standards Act or the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the written withdrawal of a complaint attached to the trial record, it is obvious that the victim has withdrawn his/her wish to punish the defendant on February 8, 2019, and thus, the public prosecution in the instant case is dismissed under Article 327 subparag. 6

It is so decided as per Disposition for the above reasons.