beta
(영문) 서울남부지방법원 2017.05.31 2017고정157

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is as shown in attached Form 1;

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 (a) of the Labor Standards Act; Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement benefits);

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

(c) Judgment dismissing a public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (a written agreement which contains an expression of intent not to punish the defendant of the victim B on April 26, 2017, after the institution of the public prosecution in this case)