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(영문) 서울남부지방법원 2020.05.07 2019고정1611

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. As shown in the separate sheet of facts charged

2. The facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted 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. The victim’s withdrawal of his/her wish to punish the defendant on November 20, 2019. Thus, the prosecution of this case is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act.

(B) On November 25, 2019, the cancellation of the intention not to punish but is void).