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(영문) 서울북부지방법원 2018.02.06 2018고정26

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is as indicated in the separate sheet of the facts charged (Provided, That the part indicated as “suspect” among the facts charged in the separate sheet of the crime is corrected to be “Defendant”). 2. The judgment of the lower court is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act.

In this regard, according to the written agreement bound in the trial records, the victim can be recognized on January 16, 2018, which was the date of the prosecution of this case, that the victim has withdrawn his/her wish to punish the defendant.

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